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What rights do we have

Posted on: 02nd Mar, 2010 12:46 pm
i and two sibilings were adopted. our adopted parents divorced after the adoption was final. our adopted dad owned a home which he let someone else take up the mortgage when he was a single man. and he also owned a second with his wife before we were adopted. the adopted parents divorced.

in the divorce decree they were to separate everything and divide the home equitably. four years later the adopted father died intestate. the adopted mother deeded 100% of the community property to her half blood neice as a widow of our adopted father when she was married to someone else.

the half blood neice had someone to create a affidavit of heirship excluding that our adopted parents never had any children born biologically or adopted and had it filed and recorded in the county clerk office. when our adopted mother died intestate her half blood neice had this affidavit refiled and a few months later a quit claim deed was filed in my sister and i name.

if a affidavit was filed saying that we don't exist, how can we come along a few months later and quit claim? both adopted parents died intestate without wills and it is pass the statutory limitations to probate. can you please give me your honest advise? the first home that our adopted dad let someone else take up the mortgage the lien on that property was released in our deceased father name free and clear. why was the lien released in his name if he was deceased?
Hi sharontaylor,

I would suggest you to contact a real estate attorney and take his opinion in regards to the property. As far as the mortgage is concerned, if it was not in your father's name, then it can't be released under his name. The person who has taken the loan will get the release and the property will be free and clear.

Thanks
Posted on: 02nd Mar, 2010 11:14 pm
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