my ex husband passed away before refinancing our martial home…

Question

my ex husband passed away before refinancing our martial home to get my name off
the mortgage [/topics-mortgage/] &now his sister is trying to make claim that
her brother left her the house..I checked with the bank & indeed the mortgage is
still in my name & he left no will documenting he was giving her the house..does
she have a claim to what is now my house?

Ray · Accepted Answer

RayAnswers :

Thanks for your question and good evening.Were you awarded the title to the houe
in the divorce or was he??

RayAnswers :

Please give me some more information here about the divorce and title to the
property so I amy assist you tonight.Thanks

RayAnswers :

Please followup and I will be happy to help you.

Customer:

yes

RayAnswers :

If the house here was awarded to you in the divorce and you have title here it
is your property.His estate would only consist of his property awarded in the
divorce or acquired after the divorce.

RayAnswers :

Here are the SC laws of intestacy that govern only his property.

RayAnswers :

If you die with:here’s what happens:

* children but no spouse

* children inherit everything

* spouse but no descendants

* spouse inherits everything

* spouse and descendants

* spouse inherits 1/2 of your intestate property

* descendants inherit everything else

* parents but no spouse or descendants

* parents inherit everything

* siblings but no spouse, descendants, or parents

* siblings inherit everything

RayAnswers :

But again this doesn't mean that his heirs have claim to a house awarded to you
in the divorce and in your name.

Customer:

our divorce agreement says that once he refinanced the home &removed my name
from the deed it would be his home...there was no documented award of the house
to anyone

RayAnswers :

And again am I clear here that you were awarded it here in the divorce..

RayAnswers :

So you may have an interest and he has one too.

RayAnswers :

His half here if this was not resolved would pass under the laws of
intestacy.But if you are making payments the court may deduct these.The judge
would have to sort all of this out because there is the divorce documents and
probate here.

RayAnswers :

The judge would require have to sort out if the estate is willing and able to
refinance it.

RayAnswers :

Or alternatively it gets sold and proceeds split here and you get reimbursed for
payments.

RayAnswers :

And I am sorry I gave you SC law above here is NC your state.Thanks for allowing
me to clarify.

RayAnswers :

If you die without a will in North Carolina, your assets will go to your closest
relatives under state “intestate succession” laws. Here are some details about
how intestate succession works in North Carolina.

WHICH ASSETS PASS BY INTESTATE SUCCESSION

Only assets that would have passed through your will are affected by intestate
succession laws. Usually, that includes only assets that you own alone, in your
own name.

Many valuable assets don’t go through your will, and aren’t affected by
intestate succession laws. Here are some examples:

* property you’ve transferred to a living trust

* life insurance proceeds

* funds in an IRA, 401(k), or other retirement account

* securities held in a transfer-on-death account

* payable-on-death bank accounts, or

* property you own with someone else in joint tenancy or tenancy by the
   entirety.

These assets will pass to the surviving co-owner or to the beneficiary you
named, whether or not you have a will.

To learn more about these types of assets, go to the How to Avoid Probate
[http://www.nolo.com/legal-encyclopedia/ways-avoid-probate] section of Nolo.com
or read about Avoiding Probate in North Carolina
[http://www.nolo.com/legal-encyclopedia/north-carolina-avoiding-probate-31904.html].

WHO GETS WHAT IN NORTH CAROLINA?

Under intestate succession, who gets what depends on whether or not you have
living children, parents, or other close relatives when you die. Here’s a quick
overview:

If you die with:here’s what happens:

* children but no spouse

* children inherit everything

* spouse but no descendants or parents

* spouse inherits everything

* spouse and one child or descendants of one child

* spouse inherits 1/2 of your intestate real estate and a portion of your
   intestate personal property (if you die with personal property worth $60,000
   or less, your spouse inherits all of it; if you have more than $60,000 worth
   of personal property, your spouse inherits $60,000 plus 1/2 of the balance)

* child or descendants inherit 1/2 of your intestate real estate and any
   intestate personal property remaining after the spouse’s share

* spouse and two or more children, or descendants of those children

* spouse inherits 1/3 of your intestate real estate and a portion of your
   intestate personal property (if you die with personal property worth $60,000
   or less, your spouse inherits all of it; if you have more than $60,000 worth
   of personal property, your spouse inherits $60,000 plus 1/3 of the balance)

* children or descendants inherit 1/3 of your intestate real estate and any
   intestate personal property remaining after the spouse’s share

* spouse and parents

* spouse inherits 1/2 of your intestate real estate and a portion of your
   intestate personal property (if you die with personal property worth $100,000
   or less, your spouse inherits all of it; if you have more than $100,000 worth
   of personal property, your spouse inherits $100,000 plus 1/2 of the balance)

* parents inherit 1/2 of your intestate real estate and any intestate personal
   property remaining after the spouse’s share

* parents but no spouse or descendants

* parents inherit everything

* siblings but no spouse, descendants, or parents

* siblings inherit everything

RayAnswers :

The probate judge if they file probate would have to sort this out hearing from
everybody including you and decide who gets the house or whether it gets sold or
whether estate can refinance.

Customer:

i am in the process of refinancing it to have his name removed...would that be
in my favor if approved &she continues to try &make claim

RayAnswers :

It would be especially if you were awarded it in the divorce.

RayAnswers :

And you have refinanced it the judge may decide to award it to you.

RayAnswers :

You may want to consider your own lawyer to protect your rights here.

RayAnswers :

You can get a cheap consult with a local probate/real estate lawyer here ..

RayAnswers :

http://www.ncbar.org/public-pro-bono/lawyer-referral-service/for-the-public
[http://www.ncbar.org/public-pro-bono/lawyer-referral-service/for-the-public]

RayAnswers :

I am so sorry you are having to go through all of this.I know it can be
overwhelming sometimes.

RayAnswers :

I hope you can get the refinance and resolve it all.A lawyer can protect your
interests here.

RayAnswers :

I appreciate the chance to chat with you tonight.

Customer:

thank you.. .that was helpful& it did ease some stress

RayAnswers :

You are so welcome.I appreciate the chance to help you here.

RayAnswers :

I hope that you will be so kind as to leave a positive rating. If you do have
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This communication does not establish an attorney-client
relationship.Information provided here is not legal advice. Rather it is simply
general information

RayAnswers :

Have a good evening.

my ex husband passed away before refinancing our martial home…

Which Assets Pass by Intestate Succession

Who Gets What in North Carolina?

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If you die with:	here’s what happens:
children but no spouse	children inherit everything
spouse but no descendants	spouse inherits everything
spouse and descendants	spouse inherits 1/2 of your intestate property descendants inherit everything else
parents but no spouse or descendants	parents inherit everything
siblings but no spouse, descendants, or parents	siblings inherit everything

If you die with:	here’s what happens:
children but no spouse	children inherit everything
spouse but no descendants or parents	spouse inherits everything
spouse and one child or descendants of one child	spouse inherits 1/2 of your intestate real estate and a portion of your intestate personal property (if you die with personal property worth $60,000 or less, your spouse inherits all of it; if you have more than $60,000 worth of personal property, your spouse inherits $60,000 plus 1/2 of the balance) child or descendants inherit 1/2 of your intestate real estate and any intestate personal property remaining after the spouse’s share
spouse and two or more children, or descendants of those children	spouse inherits 1/3 of your intestate real estate and a portion of your intestate personal property (if you die with personal property worth $60,000 or less, your spouse inherits all of it; if you have more than $60,000 worth of personal property, your spouse inherits $60,000 plus 1/3 of the balance) children or descendants inherit 1/3 of your intestate real estate and any intestate personal property remaining after the spouse’s share
spouse and parents	spouse inherits 1/2 of your intestate real estate and a portion of your intestate personal property (if you die with personal property worth $100,000 or less, your spouse inherits all of it; if you have more than $100,000 worth of personal property, your spouse inherits $100,000 plus 1/2 of the balance) parents inherit 1/2 of your intestate real estate and any intestate personal property remaining after the spouse’s share
parents but no spouse or descendants	parents inherit everything
siblings but no spouse, descendants, or parents	siblings inherit everything