divorced from mother in law
2007-09-18 04:15:39 · 13 answers · asked by PATRICIA V 2 in Politics & Government ➔ Law & Ethics
I have more than sufficient proof from Family court which now exceeds the $165,000. As for the house my mother in law lives in rather than him get his share a crap it away like everything else I want a lein on his share.
In addition no ones knows how my mother in law treats my son so no I wouldn't loose sleep over attahcing that house.
2007-09-18 05:42:06 · update #1
first of all, how do you know your ex will receive anything?
the first thing you need to do is watch the probate docket in the county where father-in-law died. If probate is filed, and it must be filed to settle the estate unless he died with nothing or unless he had deeded and designated his assets before death, then you can file a claim against the estate for any inheritance the ex will receive.
That is, IF you can prove the debt.
EDITED TO ADD:
As for your EXACT question, no, you cannot go after a third-party asset. If the home is jtwros then it's the mother-in-law's home, not part of the estate.
EDITED FOR JOHN M:
It is not enough to have judgement filed. She MUST file a claim against the estate.
FOR SLIMMYCHIC:
And would you like to tell the attorneys here just how you expect a judge to sign a lis pendent action without proof of the debt> you are making a lot of assumptions here.
2007-09-18 04:22:19 · answer #1 · answered by hexeliebe 6 · 3⤊ 0⤋
I am assuming that you mean can you try to get the money out of your ex husband's part of his father's estate~~ not sueing your mother~~
165 thousand dollars? YIKES!
see an attorney about having a " Lis Pendens" filed in the county that you husband lives in and the county that your father in law lived in.
This will put a lien against any property aquired by your ex husband in the future...you just have to keep up with it as it does expire (expiration varies from state to state)
Even though he died without a will, the property will still have to be probated and it may take up to a year for the property to be transferred, so be patient. Your attorney will be better able to advise you on how to enforce this lien when the estate is probated.
Hexelebe: Where I am a Lis Pendens only requires that there is a judgement against a person that remains unpaid, and does not have to be signed by a Judge. When then Lis Pendens is filed at the County Clerk's office, the judgement must be cited and a copy of the judgement is attached and then it is filed.
However, if she does not have proof, I understand why you questioned me...as I have assumed that she has a judgement and that was not proper.
However, this is a valid way to place a judgment against a person with the correct documentation
I do these all the time for unpaid judgements.
2007-09-18 11:27:51 · answer #2 · answered by simmychick 4 · 0⤊ 4⤋
You question doesn't make sense, but I will assume you mean Mother In-laws house. She doesn't owe you money so NO you cannot go after her house, nor should you.
Your Ex-Husband owes you money so take HIM to court and get a judgment against him. Have an attorney help you figure out the best way to go about it.
2007-09-18 11:27:24 · answer #3 · answered by Helpfulhannah 7 · 3⤊ 0⤋
You want to take away something from an INNOCENT WOMAN because you married a LOSER???? You would have absolutely NO CASE against the mother-in-laws home--she had NOTHING to do with your ex owing you that money...leave the poor woman alone--she just lost her HUSBAND.... Your exhusband is over 21 and TOTALLY responsible for his own debt--his MOTHER IS NOT responsible for her son's debts no matter WHO they are to... I think it is EXTREMELY horrible of you to even THINK of taking this woman's home from her---HOWEVER, should the mother-in-law die and that house then go to your EX HUSBAND, then you have a case IF you have proof that he owes you all that money.... If it is for back child support, he owes your KIDS, and NOT YOU....Leave the mother-in-law alone---she only gave birth to the schmuck, she didn't turn him INTO one....
2007-09-18 11:29:17 · answer #4 · answered by LittleBarb 7 · 5⤊ 0⤋
You will have to wait until the house becomes your ex husband's property. Neither you nor your ex are automatically entitled to a house your ex mother-in law may own
2007-09-18 11:27:55 · answer #5 · answered by fangtaiyang 7 · 1⤊ 0⤋
No, only can go after your ex for the debt. If he is going to inherit money, be sure you have filed the appropriate documents to have your claim and a judgement on file. then when the probate court goes to pay out the heirs, they will see the judgement and pay you before him
2007-09-18 11:25:23 · answer #6 · answered by John M 7 · 1⤊ 1⤋
Huh?
Your ex-husband owes you $165 grand - how does that entitle you to go after your mother (in-aw, I assume) house? She doesn't owe you the money.
If the father in law left the house to your ex-huband you could try to sue him for your money. But it doesn't sound like that is what happened.
2007-09-18 11:27:14 · answer #7 · answered by Anonymous · 4⤊ 1⤋
No. Unless she died and left him the house.
From your question you have bigger problems, was he really divorced from his own mom? Thats pretty sick and twisted.
"divorced from mother-in-law"
2007-09-18 11:26:55 · answer #8 · answered by Anonymous · 2⤊ 0⤋
Yes...you can go after your mother's house. It has nothing to do with your ex-husband or your ex-father in law. I am sure your mother will really appreciate you trying to take her house.
2007-09-18 11:27:21 · answer #9 · answered by forgivebutdonotforget911 6 · 3⤊ 4⤋
PATRICIA, GO GET A LAWYER IMMEDIATELY. THE WILL HAS TO BE PROBATED AND YOU CAN PUT A CLAIM IN AGAINST HIM FOR THIS MONEY AND YOU CAN GET SOME MONEY OUT OF THIS
YOU MUST NOT WASTE ANY TIME.
YOUR LAWYER CAN BE PAID OUT OF THE MONEY YOU RECEIVE......
2007-09-18 13:16:48 · answer #10 · answered by mary 6 · 0⤊ 1⤋