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I am currently in a mess with my deceased ex husband’s kids. My ex and I divorced in May of 2023 and he died September 2023. We owned two houses together. House A was awarded to him and House B was awarded to me. I got a job offer I couldn’t refuse to begin in September across the country. We talked about him buying me out of House B. I wrote up a rent to own agreement via rocketlawyer which listed a deposit of $75k with option to purchase at the end of the lease (august 2024.) He wrote me a check and I moved across the country. He made 1 mortgage payment on the house before he passed. Because all of this happened so fast, both of our names are still on both of the houses deeds and mortgages (joint w/survivorship which converts to joint w/tenancy upon divorce in AZ.)

Upon his death the kids went through House B and took refrigerators, washer and dryer and all of the furniture (I left it furnished for him.) They also took his cars (part of his estate) but that’s none of my business. I retained a lawyer, sent him the divorce decree and rent to own agreement and got to work on changing the locks and hiring a contractor to clean up the mess. Now their lawyer is saying she is going to take a protection order out on me to ban access from my house. My lawyer is working on filing a quiet title action against the estate. Their lawyer is trying to paint the picture that I conned a sick man into signing a RTO agreement. I had him sign the agreement because I was taking on 100% liability of 2 houses and thought this would be a semblance of protection. Their lawyer keeps saying she has not even opened probate yet (is this normal? She has been retained for over 2 months at this point.)

The kids are inheriting House A full stop. That is theirs and they are (supposedly) selling it. However since I am still on the deed and mortgage of House A, I am making the mortgage payments on that house as well because I have never had a late or missed payment and I don’t want my credit to take a hit. They are making no efforts to pay the mortgages. So now I am paying for 2 mortgages plus my new rent across the country.

I have a good lawyer and I know we have to go to court. Just wondering if anyone has any insight? Please no “you should haves” I know I got myself into this mess.

submitted by /u/mdevine90
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source https://www.reddit.com/r/RealEstate/comments/17y2pav/re_law/
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