Posted by Rick Harmon (CA) on January 11, 2006 at 13:21:29:
Ryan - It would be helpful to know what state this matter is in.
What I would do is to chain out the title and see, for certain, who is on title now (which is what you appear to have done). Perhaps you may have missed a divorce decree that was filed in the Superior Court but not recorded, as to the disposition of house after the divorce. Absent any Court Order distributing the house to one spouse, changing vesting from JT to TIC, or their respective interests, you’d have two separate interests to be concerned with.
Perhaps both may have to be probated. Don’t know your state so I can’t comment on what type of probate proceeding is appropriate.
With two separate interests to have to potentially probate, you’d have two distinct group of heirs to have to approach. Each heir might assign their interest to you and then you’d probate the estate(s) yourself. There are other plays here, too; way too many to post here.
let us know what you find out!
Rick Harmon
www.closeprobate.com