My question involves a marriage in the state of: Florida
My husband and I had a pending divorce. We sold our marital homestead and all proceeds were placed in the title companies escrow account pending divorce finalization. Prior to mediation, my husband passed away (without a will). The escrow agreement stipulates a "court order" be obtained for release of these funds.
Along with the "Suggestion of Death", a "Motion for Release of Escrow Monies" was submitted to the court. The family law judge assigned to our case replied with a "Dismissal of Case for lack of Jurisdiction"; and an "Order Dismissing Wife's Motion to Release Escrow Monies from Sale of Marital Home" stating "The Court no longer has jurisdiction over the escrow property or the parties and finds that such motion should be dismissed."
My family law attorney has referred me to a probate attorney. However, it is my understanding that since these funds are from the sale of our jointly-owned homestead property and I am the surviving spouse/co-owner of the property, this case would be exempt from probate. No-one seems to know what steps I need to take to get these funds released to me.
Please help. Thank you.
My husband and I had a pending divorce. We sold our marital homestead and all proceeds were placed in the title companies escrow account pending divorce finalization. Prior to mediation, my husband passed away (without a will). The escrow agreement stipulates a "court order" be obtained for release of these funds.
Along with the "Suggestion of Death", a "Motion for Release of Escrow Monies" was submitted to the court. The family law judge assigned to our case replied with a "Dismissal of Case for lack of Jurisdiction"; and an "Order Dismissing Wife's Motion to Release Escrow Monies from Sale of Marital Home" stating "The Court no longer has jurisdiction over the escrow property or the parties and finds that such motion should be dismissed."
My family law attorney has referred me to a probate attorney. However, it is my understanding that since these funds are from the sale of our jointly-owned homestead property and I am the surviving spouse/co-owner of the property, this case would be exempt from probate. No-one seems to know what steps I need to take to get these funds released to me.
Please help. Thank you.
Property Division: Home Sale Funds in Escrow Pending Divorce, Husband Dies
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