Only one question remaining is for his dad. Even with a name on the deed, dad was declared sole owner after the divorce, correct? Ex-wife had to have signed over the deed in some way during time of divorce for that to be final??? Divorces are usually cut and dry.
If a will is in place no matter what state of the US you reside... unfortunately a will takes presence always even if it goes to a cat or dog.
Unfortunately I know all this too well for:
1. When my mom's dad died 18 years ago, her oldest living brother got 100% being 250+ acres of farm, house, equipment and three automobiles because there was a valid "will" choosing him even though there were 7 other siblings living at the time. I researched this same thing at the deed office and even spoke to a divorce lawyer for I could have used a piece of that pie myself. Was a total waste of time (*except for #2 below) for the lawyer told me a will is a will... Only exception he told me was if there would have been valid argument of non-competence of the owner when he wrote the will. But to prove non-competence of a deceased with a will present is nearly impossible itself for a notarized will with a witness pretty much proves competence.
2. Although my dad has been married 3 times, all of his items were will-ed to an old girlfriend of his from early age. "Both his beach house and house in the mountains, all of his tools, clothing and personal belongings". Simply stated in his will. But only now there is no question for he's single and most likely done with marriage. Weird he never married his old girlfriend. But I know he still gets him some from time to time so I guess it paid off???
Only if a will is not in place or proven non-competence that... Depending on how much $ we talking, current spouse pretty much still wins.
If spouse and buddy living after dad dies (in NC, TN and most states):
- spouse inherits 1/2 of your intestate real estate and a portion of your intestate personal property (if you die with personal property worth $60,000 or less, your spouse inherits all of it; if you have more than $60,000 worth of personal property, your spouse inherits $60,000 plus 1/2 of the balance)
- child or descendants inherit 1/2 of your intestate real estate and any intestate personal property remaining after the spouse’s share
It's just ashamed for will's are free public information from your local County Register of Deeds and you can inquire deeds associated with any name. I stumbled upon my dad's will when I was researching my mom's dad's will for while I was there, I researched all my possibilities and came up zilch for my inheritance. To this day, my mom's brother that inherited everything and her along with remaining 5 living brother and sister's have note spoken in 18 years now even though they all live within 10 miles of each other. And I make a point to talk to my dad on the phone every week for I understand what a person wants is what they deserve. He knows I know. But I also know for a fact how hard he worked for everything he has too. Knowing that, along with knowing I will inherit absolutely nothing was a driving force for me to work as hard as I have and still do today. And the world is entirely too small to begin with especially for fighting family over $...
Divorce is never cut and dry. Dad would've had to buy out the ex-wife and then the deed would definitely not have her name on it.