Thomson, GA Estate Planning Law Firms & Lawyers

Depends on how the property was titled; did the son change title to himself and his wife in joint tenancy, which has the right of survivor ship to wife? If not, maybe the mother succeeds to the property, subject to a minor claim of wife for increasing value; or she may claim a widow's share in the property. You should obtain assistance of legal counsel of a probate attorney to determine the succession of the property to whom.

The answer depends in part upon who died first, your husband or the ex-wife? Another important factor is what does the divorce decree state? What is the property worth? What is the total value of your deceased husband's estate? Did he have a Will? Do you have a prenuptial agreement? Are any of the children minors at the date of his death? The question you ask is not a simple question. You should seek legal counsel and bring with you a copy of the divorce decree and information about the assets and the value of such assets in your husband's estate, without that it is difficult to determine your rights.

Leaving aside the practical question of whether this is a smart thing to do, the legal answer is that it depends on what your Security Deed or Deed to Secure Debt says. In most standard documents, any transfer of ownership interest is an event of default that would allow your Lender, usually at their option, to declare the full amount due and to foreclose if you don't pay. So, read your security instrument, and to be extra safe, get written permission from your lender to do this before you do it. However, even before that, you may want to discuss the wisdom of such a move with an estate planning attorney. There may be better options.