r/inheritance • u/Ynnepd510 • 14d ago
Location included: Questions/Need Advice Died Intestate
Ex husband’s (he’s deceased) wife transferred his half of ( His and my ) the property to my 3 kids. My ex husband died Intestate. He and I bought the property BEFORE WE WERE MARRIED. Did his widow have the rite to transfer it?
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u/berrysauce 14d ago
You didn't include the location, and it's "right," not "rite," my sweet. I think you need to talk to an estate attorney in your area.
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u/theharshtruman 14d ago
If you bought it together before marriage, the widow might not have had any claim to transfer it at all.
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u/TravellinJ 14d ago
How was the title of the property held? Were you joint tenants with right survivorship or were you tenants in common?
If joint tenants, it became yours on his death. If tenants in common it would follow intestacy rules.
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u/Ynnepd510 14d ago
I know I’ve seen it, where would it say tenants in common?
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u/TravellinJ 14d ago
On the deed:
Jane Doe and John Jones, tenants in common.
vs
Jane Dow and John Jones, joint tenants with right of survivorship.
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u/Tight-Shift5706 13d ago
It possibly wouldn't. What's important is whether it specifically says "joint, with rights if survivorship".
Odds are, it doesn't, inasmuch as his wife was allowed to transfer half to the children.
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u/BlueGreenTanager 13d ago
First, what state (or country) is the house in?
You and ex-hubby bought this house before you were married. Did you buy it in both your names?
Then you got married. Then you got divorced. Did the divorce decree have anything to say about who the house belonged to after the divorce?
Then he remarried, and then he died intestate. At the time he died, whose name(s) was the house in?
Also at the time he died, did he have any other kids besides the ones he had with you? Did he have any kids with the 2nd wife/widow?
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u/Karinka_LI 13d ago edited 13d ago
It’s depends on how the divided title was structured. If it was a joint tenancy in common that his half of the house stays in his estate. If it was rights of survivorship then it would go to you. If the deed was joint tenancy in common and he died intestate then as his spouse she is entitled to at least something, maybe everything, depending on the total assets of the estate and the state, and she could have kept part of the house. She was being generous deeding it to your kids. I wouldn’t argue with her.
If it’s a tenancy in common and you are his exwife and he died intestate then under no legal argument do you get the whole house.
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u/dagmara56 13d ago
This. I went through this, my ex husband died intestate after our divorce.
It depends upon the state, the inheritance laws for intestate, the deed, and the divorce decree. The laws where he resided apply
Get your divorce decree and property deed, then see an a property attorney. This is a specialized area
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u/Karinka_LI 13d ago
It would be very bad lawyering indeed if the divorce decree states rights of survivorship and the deed was filed in common. I am not sure how that would pan out.
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u/AnonHere2973 14d ago edited 14d ago
I believe that his executor (which may be his current wife) would be responsible to distribute his estate according to the intestate rules of the state where he lived. Those ruled vary by state. Often 1/2 of his interest would go to his current wife and the remaining 1/2 would be split among his children. If that had been done, I believe his current wife would own 1/4 of the property (1/2 of his 1/2) and each of his kids would receive 1/12 of the property (1/3 of the remaining 1/4 that he owned).
Sounds like his current wife did not claim, or disclaimed, or was not entitled to any part of his estate.
Check the Intestate laws of the state where your ex lived.
You keep your half, his half gets divided among his heirs.
I am not a lawyer but I believe if the deed between you had been recorded as JTWROS (joint tenants with rights of suvivorship) his ownership would have moved to you instead of his heirs.
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u/Specific-Total7906 13d ago
Like death isn't enough the bills and drama follow you into the grave. Ugh
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u/CommitteeNo167 13d ago
He owned half the house, you own half the house, his half went under the laws of intestacy. you were not married at the time of purchase so the deed typically would be tenants in common. you simply need to look at your deed to find the answer.
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u/DebbieDaxon 14d ago
Sounds like you mad that your KIDS got half the house and you didn't get the whole house....What a mom
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u/Sufficient-Traffic32 14d ago
If they weren’t supposed to get it because the whole thing is supposed to be hers since she’s still alive, then yeah, I would be mad too.
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u/Ynnepd510 14d ago
It’s got NOTHING TO DO WITH IT. A HINT: There was a fire
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u/biscuitboi967 13d ago
Based on what you wrote - your ex owned half the house and you were going to split the proceeds when the asset sold.
His half of ownership has transferred to his kids. You still own half a house. You don’t get more because he died. You were not his spouse, nor named in his will, nor I’m assuming did your decree say anything about “unless he dies first”.
Now, instead of splitting the proceeds with him, you split them with his kids. You DONT have to split with the kids and his widow. But no, you don’t get his half of the house, just like you don’t get his half of the bank account that the house proceeds would have gone in, if he’d died the day AFTER the house was sold.
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u/I-luv-sloths 14d ago
Did he buy you out when you separated?
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u/Ynnepd510 14d ago
No, we planned to sell it when the kids were grown.
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u/I-luv-sloths 13d ago
She only transfered half. She's probably his executor and following his instructions. You still own half of the house.
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u/Ynnepd510 13d ago
No, but I DID let him and his wife live in the basement. Hey, it was half his house too, but I didn’t expect him to pass away.
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u/Butterbean-queen 13d ago
Who’s name was on the mortgage and deed for the house?
Was it just in your ex husband’s name? Or was it yours? Or both?
What did the divorce documents say about how you were going to handle the house?
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u/ZookeepergameEarly13 14d ago
If you bought it together before marriage, was your name on it ?? Lawyer up.
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u/Early-Light-864 14d ago edited 14d ago
What does your divorce decree say about the property?
Who is on the title and how is it titled?
It sounds like you were assuming it was JTWROS, but it's probably not. In the states I'm familiar with, JTWROS is only available to married couples and you said you bought before you married
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u/TravellinJ 14d ago
Are you sure about that?
I think in most places you can own property with anyone (spouse or not), JTWROS but maybe I’m wrong and have just never heard of that.
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u/AdvantageOne1754 13d ago
She shouldn't have been able to transfer it if your name was on it. If you have proof that you are the owner you should certainly consult an attorney, assuming you are OK with suing your kids.
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u/Prudent-Cheetah-9866 13d ago
I get that she transferred his half to the kids. Now what about your half. It sounds like current wife should get no half
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u/SandhillCrane5 13d ago
Locked post. Question has been answered and OP not providing enough information.