We divorced 1 1/2 yrs ago. In the divorce agreement I agreed to give him 5 years to pay me my half of the equity in the home at the time of the divorce. At that time I would sign the quit claim deed. My name is still on the loan. He passed away three weeks ago and the attorney is telling my that the house passes into the estate fully, I have no rights to the home. I can put a claim against the estate (there won't be anything left) for the money due to me. He said the whole house is now an estate asset. The problem is, the credit union whom the loan is through said the only way to remove my name from the estate is to pay off the loan. If I pay off the loan or continue to make payments I will never get that money back. As I am only entitled to my original claim in the divorce.
Not much anyone can say at this stage except that this is a Probate issue. Get a Probate Attorney and see what your options are. It seems you would be a creditor, and depending on the specific facts and circumstances, you may be entitled to something.
Again, talk to a Probate attorney in the county where the matter is pending for specific guidance.
You did not indicate whose attorney gave you advice ("the attorney") but you really need to discuss this matter with experienced attorney who is familiar with both probate and family law. You might have to make a claim against your former husband's estate. Please see a lawyer ASAP.
I agree that you need to consult with a local probate attorney ASAP. One thing I would want to know if I was in your position is whether you held the house with your husband as tenants in common or as joint tenants. This can be easily determined by the language on the deed to the house. If you were joint tenants, then the house (and the debt associated with it) is yours because of the right of survivorship, subject to the terms of the divorce decree. However, if the provision in the divorce giving him full ownership of the house is contingent upon him paying you your portion of the equity, and it does not address the contingency of his death, then it may not matter. Go see a lawyer!
DISCLAIMER - The materials provided in this answer are informational and should not be relied on as legal advice. Nothing in this email message creates an attorney-client relationship. You should always consult a lawyer in your state regarding your specific legal matter.
I would recommend you start by consulting a family law attorney and have them review the MSA. If you haven't signed away your interest in the house yet, I cannot see how the house passes to his estate. I would be gald to provide you a referral..www.galivanlaw.net
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