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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Family Law
Satisfied Customers: 2677
Experience:  associate attorney
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I have been divorced sense 2004, my mother had my X and I,

Customer Question

I have been divorced sense 2004, my mother had my X and I, and my brother as trustees in her trust. My brother died six years ago. My mom made a new trust taking my X off of her trust and assigned the total estate to me. My mother passed away three years ago. My X has lived in Alabama for ten years. We have two buildings in common I desided to sell one and had the real estate agent comunicate with her on the sale of this property. she is in agreement with the sale of the property. I sold my moms house a year after death and now she feels she should have half of that. At the time of our divorce their was no property settlement I was told it can be done later. My concern is where do I start, and what kind of an attorney do I get.
Thanks Gary
Submitted: 8 months ago.
Category: Family Law
Expert:  Christopher B, Esq. replied 8 months ago.
Why does your ex feel that is should get half of your mother house? Was she in the will? Was she on the deed? Your divorce was finalized before the death of your mother?
Customer: replied 8 months ago.
I don't know why she feels that way besides she was a trustee, but then removed. She was was a trustee is all, no she was not on the deed. Yes the divorse was finalized before mom's death. Sence she lived in Alabama I had to pay her 1/2 the value of our house $150,000, their was no support she wanted a cash settlement.
Expert:  Christopher B, Esq. replied 8 months ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. If you were legally divorced and she was not on the deed nor on the trust, she would have no right to claim any portion of the trust and property. The property settlement is only for property during the marriage and not any of the property you acquired after the divorce. Also since this is an inheritance to you, it would have been your separate property even during marriage. Your ex would have no legal right to this property. If you are talking about an attorney for the property settlement, you need a local California divorce attorney. If it is in regard to probate (this is unlikely since she is not named in the trust or I assume, the will) you would need a probate attorney. I would guess since it is pretty fundamental that she would not receive under the trust or in probate, you would probably simply need a divorce attorney. Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated for my time by the site.
Customer: replied 8 months ago.
is their a limit of time on the property dispute her attorney did cover her for fro half the house, for a divorse. The reason I am selling the house in question is I am tired of supporting this rental. I pay all the expenses and property tax, repairs etc.
Expert:  Christopher B, Esq. replied 8 months ago.
If there was a court order addressing the divorce, there is no statute of limitations o property settlement but as time passes it becomes easier and easier to show that your assets are nonmarital assets.
Expert:  Christopher B, Esq. replied 8 months ago.
Just checking back in, do you have any further questions?

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