Our brother is the executor of our father's estate. Before he passed away May 2, 2011, he added my brother and his wife to the deed of his condo. As of today, our brother and his wife have been separated for 3 years. Now that she has filed for divorce she wants half of the money from the condo sale - when it sells. When our father passed away, the estate attorney recommended strongly our brother have her name removed from the deed get the divorce over. He didn't. He does not want her to have any claim to proceeds from the sale. Can my brother protest this? As executor of our father's estate, is there something he can do? And, I as his sister, do I (and my other siblings) have any legal rights? Can we sue her?
I live in Houston Texas. Our brother and his wife (and before his passing, our father), live in Pataskala, Ohio (outside of Columbus, Ohio). Thanks you so much!
Country relating to Question: United States
State (if USA): Texas
I have just discovered my sister-in-law's name was not removed from the deed. The condo is up for sale, but not yet sold.
Dear JACUSTOMER - Once your father added your brother and sister in law to the deed only your sister in law could have removed her name so you brother could not have simply removed her prior to a divorce. I am going to assume that the deed was a survivorship deed so that the condo did not pass through your father's estate or according to his will. If that is the case you and your family would have no claim to the condo. The condo would be part of the marital assets of the divorce and your sister in law would have rights to half of the proceeds from the sale. Had your father deeded the condo only to your brother then your brother could have claimed that as an inheritance and shielded it from the divorce distribution of property.
Obviously I haven't seen the deed or read your father's will or seen any other documents with regard to this transaction and my information is based only on what you said in your question. If there any other facts that may be relevant please let me know. Your question also said this was in relation to Texas law but you said the parties were in Ohio. Texas is a community property state and Ohio is not so if the condo is in Texas it would community property as well.
25 years practicing attorney
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