Legal Question in Real Estate Law in Indiana
Ownership/ Legal claim
My father recently passed away.
The day after burial, his ex wife claims she owns property
and is attempting to sell it. This property was awarded to dad in a divorce settlement.
She was to sign it over, but never did. The police say it is her's, her name is on the tax rolls. The property has little monetary value, but great sentimental value to us kids (4) Does she have legal claim to it?? Can she be made to sign it over?
2 Answers from Attorneys
Re: Ownership/ Legal claim
The personal representative for your father's estate would have authority to enforce the divorce judgment as to this property. If it's worth it, then you kids should get together, hire a lawyer, and get it done. This means opening an estate, appointing a personal representative, then filing a motion in either the probate or divorce court to enforce the divorce decree. Be sure to record a lis pendens notice. Good luck.
Re: Ownership/ Legal claim
You probably need to open a probate estate and then have the personal representative proceed in the divorce court to enforce the decree.
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