my ex wife remarried to a man from Georgia...she has two grown children whom reside in the house...they pay 2400.00 dollars every month to the trustee of the court...the only entitlement the husband has over the house is his marriage to my ex wife...the question is this, the husband has no investment in the house...there is no owner presently my ex wife demised in july last year...the husband claimed that he would write off any entitlement to the house..how do my kids, who work very hard for their money, place a lien on the house in the event that the husband decide that he wish to take the house to protect their huge investments to the court...in which they have every receipt of payment?
It is unclear from your question as to whom the titled owners of the property are. If a bankruptcy trustee is managing the property, then the trustee will have the ultimate say as to what happens to the property subject to valid liens. Not sure what the husband means by claiming that "he would write off any entitlement to the house." Your children are paying rent to stay in the house. This is not considered an investment in the property. Their only entitlement to your wife's property would be determined either by her will or intestate, subject to secured liens and debt payment managed by the bankruptcy trustee. You do not specify whether it is Chapter 7 or Chapter 13 or whether or not your former wife entered into a reaffirmation agreement regarding the property before her death.
This response is for general informational purposes only and is not intend to create an attorney-client relationship nor to be relief upon as definitive legal advice with regard to your issue. It is impossible to provide precise advice tailored to your specific situation without a comprehensive information-gathering consult. This attorney cannot stress enough how much easier and cheaper it is for you to prevent a legal problem by consulting with an attorney initially than it is to fix a problem afterwards.
facts are far too complicated to offer any sort of useful answer here on line. It's not clear what you children are paying for, but if it is merely "rent," they have no "investment." The fact that the property is still part of the bankruptcy estate, and your wife has passed, both make it even MORE problematic.
The "adult" children (and not you) should seek a consultation with a good local probate or real estate attorney to determine what interest, if any, they have in this property, and how to go about protecting it, if they do.
Hope this helps.
This communication is not intended in any way to establish an attorney-client relationship, nor provide legal advice; it is submitted by its author simply as a general comment on the facts contained in the Question posed. NOTE: This attorney contributor is NOT actively seeking new clients.
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