Question:

When my mother and father separated, my father was court ordered to continue making payments on the house. He did not make payments and my mother was forced to take a loan out to pay off the house. She died before the divorce was final and now my father wants to sell the house.

The deed was in both names, which I found out the hard way that the deed overrides her will. The thing is that he stopped making payments on the house against court orders and she paid off the house.

 What action can I take to stop him from selling the house or be awarded 50 percent of the house as per her will or 50 percent of the selling price of the home?

Answer:

The estate should file a claim against father for the payments and temporary restraining order/injunction regarding the sale of the house.  The distribution of the house/equity in the house is a Wills and Trusts matter and you should consult a probate attorney.  Note in many jurisdictions there is a short timeframe for the estate to make a claim. 

Spencer E. Williams is the Team Leader over St Louis, St Charles, Indianapolis and Arnold (Jefferson County, MO) offices of Cordell & Cordell, P.C. where he practices exclusively in the area of domestic relations. Mr. Williams has tried numerous cases dealing with complex custody issues, maintenance, business assets and personal asset division.