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Posted By: Linda Ellis on 1/2/2017
Property inherited in 2010 has not been probated
My ex-husband inherited 11 acres in 2010. He was the executor and sole heir of all property. He was mentally unable to settle the debts of the estate, so I did that for him. He has letters testamentary and letters of administration. The will states he is the sole heir and if he dies his son is to inherit. However, he has never changed the name on the deed from his deceased parent's name into his own name. In addition, he is three years behind on property tax, and over a year behind paying child support and is in willful contempt. Is is possible to place a child support lien on this property? I have tried for years to help him keep this property, but his mental status is questionable and he totally disregards his responsibility to provide for his only son. He will not place my son's name on any deed because he says that gives me a measure of control over the property since my son is a minor and I am the guardian, and he thinks I will sell it and totally mistrusts me. I just want the property to be preserved for his son, who is emotionally attached to the place since it is where he grew up and he has his dogs and horses there and is used to living in the country, and does not thrive well in any other setting. Unfortunately, my ex-husband cannot see past his hate and distrust of me to provide for his son. My question is, is there a time limit imposed for the executor to transfer names on the deeds, can a child support lein be placed, and is it possible (as I have been told) to petition the court to name a new executor by placing a public notice in the newspaper. Any advice on this situation would be appreciated.
 
Replies:

1. Posted By: Chrystal On: 1/2/2017
What a complicated issue. You should get proper legal help here but based on what you have posted I simply do not see that you are going to be able to get what you are looking for. I don't see that you have an interest in the property, nor do I see that the son has an interest. Maybe a lien, but that seems like a long shot since you say the husband has not taken possession of the property. There is nothing that says someone has to accept property just because they are the heir or named in the will.

2. Posted By: Jeffery Mccullough On: 1/4/2017
I agree with Chrystal, talk to an attorney, this is very complicated and you are going to need a lot of help.