My father died a year ago. Before he died he bought property for me but my mother he divorced a year before the property convinced him to put her as his wife although the was married to someone else. she wasnt divorced 3 weeks before she married someone else. Anyway my father died no will and she is claiming the property and everything on it is hers and not mine even though they were divorced in 1983. My father had schizophrenia very high IQ worked for very important people and she played him like a fiddle to put her name on this property with him and she never paid for any of it. Before his divorce was was institutionalized shorty and seeing demons and the police had to arrest him a few times.
Now my understanding is all his assets automatically passed to me his only child he was never remarried and the title in half and half. I need a place to live so can I move on this property and the ex not be able to do anything about it?
You need probate law counsel and possibly real estate law counsel to determine if you have any case to challenge the deed that falsely recites her to be his wife. You would appear to be his only heir subject to her interest in the real estate.
Thomas J. Baker of Baker & Tisdale PLLC principally practices in the Central Texas area, including Bell, Coryell, McLennan, Milam and Williamson counties. The advice given here is not and ahould not be taken as a substitute for in-personal consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. I am Board-Certified in Family Law but not in any other areas of practice.
Get a copy of the deed and a copy of the divorce decree take them to an experienced probate attorney who can look at these documents and advise you. Good Luck!!
Hire a lawyer immediately. You might be able to set the deed aside.
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I am sorry for your loss. Real Estate must be probated so you must have the property go through probate court w/i 4 years. From what you describe he was married to another person but put his ex-wife as his wife? If he was legally divorced from her putting her name on the title as a "wife" would be fraudulent to the real spouse. Conceivably, the real wife, if he was still married at the time of his death, could be entitled to 1/2 of the property. I am not aware of any law that would prevent you from moving in as long as you can establish your ownership. I would say you can move in but you must keep track of all expenses and take extensive pictures so that no one can claim you broke anything or stole anything after moving in.
I am hopeful my answer is "HELPFUL" and/or is a good answer?" If so, I would appreciate you for noting same. Thank you. The information contained herein is not to be construed as legal advice. The questioner should seek independent legal advice from a qualified attorney after establishing a proper business relationship. My answer is not intended to answer specific details on a particular claim, but rather give a general outline of some of the procedures a person may encounter. The information is only for education and not intended to create legal representative of anyone.
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