mel5787
recently joined
Reged: 06/06/12
Posts: 2
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Hi!
My sister in law is dying from stage IV breast cancer. We don't think she has much longer.
She is divorced but his name is still on the house which is currently for sale.
In the will, her half from the sale of the house will go to her 3 children.
My hubby, her brother, is power of attorney and executor of her will. Our fear is that the ex will just move in and not pay the mortgage which will force the house into foreclosure and deny the children their share of the house.
How do we prevent this from happening?
We live in NJ.
Thanx!
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finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6481
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Did she get the whole house post divorce and just forgot about his name still being on there or is he still owed money from the proceeds of the house ? If it's 'her's', why didn't they have to change the deed at the time of divorce ?
Does he have a relationship with the kids ?
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mel5787
recently joined
Reged: 06/06/12
Posts: 2
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The divorce agreement states that they each get half from the sale of the house. But what prevents him from just moving in and not paying the mortgage?
The kids are 21,18 and 12. As soon as she passes, the 21 yr old and the 18 yr old will be gone. The 21 yr old is in college and the 18 yr old will probably end up with us. The 12 yr old, unfortunately, will be with him.
Also, she was paying the mortgage but both of their names are on the mortgage. If she passes, does he have to try to get a new mortgage on the house or does it just grandfather to him?
He is a real ass. He is living on someone's couch right now.. my hubby asked him the other day how he plans on taking care of the kids.. and he does not know. This is not going to be easy. But we want to follow thru with what she wanted for her children.
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finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6481
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I think you really need a lawyer to help you through this.
Is she still in the house now ? Or is she/the kids staying with you ?
Not to sound callous, but is your sil not getting better/getting worse/started on hospice and possibly have months left ? Or is she actively dying now and won't make the week ?
Is it possible to slash the price on the house and sell it quick to protect the kids' interests ?
Was the house supposed to be sold as part of the divorce ?
Does the ex want it to be sold now ?
I don't know if anyone can MAKE him sell or pay the mortgage if it's not done before she passes. If he doesn't pay the mortgage, it will go into foreclosure. Is there even enough equity there to worry about if it's split between the ex and sil's estate ?
I'm sorry that you are dealing with this. My sil is now losing her battle with stage IV breat CA too.....it sucks.
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javajunkiee
Carpal \'Tunnel
Reged: 06/01/08
Posts: 3158
Loc: SC
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This is a messed up situation to say the least.
On one hand I wouldn't worry about the ex letting the house go into foreclosure willingly simply because then he's out 1/2 the proceeds as well.
Then again, he can claim the house as collateral for a second mortgage once your sil passes, then quit paying and head for the hills with the cash.
It's all dependent on whether or not he wants to be a decent father and human being. In order to protect those kids just make sure he has no access to any of the insurance money or anything else of value. Definitely get an attorney, preferably a probate atty that can help manage the situation, and possibly work with the mortgage holder. I can't imagine the bank wouldn't want to know that THEIR property is about to become the responsibility of someone who's crashing on a couch and hasn't been paying the monthly payment, kwim?
My sympathies to you and your family. Cancer is horrible, and none of you deserve to deal with this nonsense at such a difficult time.
--------------------
Marriage doesn't come with a money-back guarantee.
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