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redhead1976

Help with Ex-Husband Estate

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I need help.  My ex-husband and I were divorced in May 2014 after 20 years of marriage in Alabama.  In the divorce, it said that we were to sell the house and spend the equity to pay down any debts and then split the difference and he was to pay me 900 per month until it sold.  He was in contempt of court and I was taking him back to court for several things he was in contempt on.  1 week before our court date, he committed suicide. There was no will and my 2 children are his only heirs.  His family and I went to the mediation.  I told them that I wanted anything that we had joint debts on which is the house and the boat since there was no money or insurance policies.  During the mediation, I was told me the house was mine regardless due to right of survivorship and I was awarded the boat.  The 2 attorneys talked with the judge and he was fine with this.  His attorney dropped the counter.  The documentation I received was from my lawyer. The court order does not show the details.  His family (including my children  then 16 and 20) decided  not open an estate as their was not money.  The only other asset was a truck that my ex specifically said would go to my youngest.  The state of Georgia (where he lived and died) allowed me to put the truck in my name.  Its now in my name and title in Alabama with my son driving.  My oldest really got nothing. His parents have several of the household things to give my kids when they are older and the girlfriend has the remaining. This parents paid the funeral expenses. The girlfriend who lived with him paid the remaining lease and cleanup fees. And the girlfriend filed criminal charges on me and my youngest son for "breaking" into her house (my ex and her rented).  My son had a key as he used to live their and my son as always told it was his home.  I had to pay 1500 to a lawyer to talk to the police and explain and they did not peruse the charges. 

 

 

Now fast forward 1 year.  I have paid the full house note and boat note for the whole year along with completely supporting my kids.  That has been huge since my ex committed suicide and greatly affected my kids.  I am broke.  The girl friend is saying that his estate owes him 5,000 and if we didn't open the estate, she would.  I met with a lawyer in Georgia.  she has that according to Georgia law our divorce degree overrides any deeds or ownership.  That 1/2 of my house and the boat belonged to my ex,  When my kids open the estate, I will be forced to hand over the boat and be forced to sell my house to pay the estate bills.  Is there anything I can do to keep this from happening?  My kids and I will lose everything that me and their dad worked for our entire lives just because his girlfriend is 22 and money hungry. His parents and family and I have a great relationship.  We are all devastated that we will be forced to lose our home and my son will lose his fathers truck which is not worth much of anything but is priceless to us.  And to the market fall, once we pay fees, we would be lucky to get 1,000 or not lose money due to the sale. 

 

Is there anything I can do?

 

 

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Your use of pronouns is confusing.  As near as I can tell your ex-husband''s girlfriend is making some kind of claim against your ex-husband''s estate.  Since your ex-husband's only heirs are his children I cannot imagine how she has any claim to the estate at all.  Care to explain how you came to the conclusion that she had a claim.

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She is stating that the estate owes her 5,000 for the remainder of her and my ex lease.  Due to her claim, an estate has been opened.  Now that it's open, the lawyers that we hired in Georgia says that my ex half of the house will be a part of his estate and I will be forced to sell to get my ex's portion to the equity in the house.  There will be very little equity if any

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Has she supplied a copy of whatever lease agreement she has to explain how she came up with the $5,000.00 figure?  If your ex-husband was leasing the home monthly then he was not the true owner of the home anyway if it hadn't been paid off in full.

 

So sorry that this is not working out the way you would have wanted it to.

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Hi @redhead1976

 

Welcome and thanks for your question. So sorry to hear about your situation, especially since everything appeared settled a year ago. The best you can do may be to continue to work with your attorney to oppose your ex's girlfriend's claim. As knort4 mentioned, she will have to show evidence of the amount she claims is owed.

 

Best of luck and keep us posted!

The FindLaw.com Team

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