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What kind of attorney do I need?

Phoenix, AZ |

My mother divorced her husband last year. Their house went on the market and then her ex-husband died. His son, legal heir of the estate, has stopped making his half of the mortgage and utility payments, and my mom has been paying everything the last few months. The house is now sold and will close in a month. How does my mom get paid back money owed by her ex husband's estate? Do we see a divorce or realestate attorney?

Thank you very much.

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Attorney answers 3


I would say a probate attorney, to file a claim and/or sue the estate for reimbursement.
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Disclaimer: California attorney Robert Miller has practiced for over 46 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.


You should have a divorce attorney review the terms of the Decree of Dissolution of Marriage to determine the post-divorce obligations regarding payment for the house. Then, as attorney Miller recommended, you should talk to a probate attorney about any claims you may have against the estate for its portion of the house expenses prior to sale.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.


You need to speak with an attorney that practices in estate planning and probate. Good luck!

I suggest that you seek the assistance of an experienced family law attorney to help you finalize your divorce. Good luck! Brandy Ramsay, Esq. The Sampair Group, PLLC Offices Valley-Wide: Glendale/Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ Surprise: 15270 West Brookside Lane, Suite 121 Surprise, AZ 85374 Mesa: 1830 S. Alma School #114, Mesa, AZ West Valley: 623.218.1000 Phoenix: 602.997.7717 East Valley: 480.636.1333 IF YOU FOUND THIS ANSWER "HELPFUL" or "THE BEST ANSWER," PLEASE MARK IT SO AS AVVO AWARDS THE ATTORNEY POINTS. All attorneys providing answers on this site are donating their time and not financially compensated.

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