my diseased husband left me the day of the house does that mean I cant sell? he left it to my 19 and 21 year old daughters who want to sell!?

2015-10-16 8:42 pm
更新1:

apologies I mean deceased and he has left the house to me until I die then it goes to my daughters but we don't want the house and want to know if we can sell and move to the city instead of being isolated in the country with no car

回答 (14)

2015-10-16 9:01 pm
Your words don't make sentances, please try again. What do you mean by diseased? Is that sick or deceased. By left you do you mean he went out for cigarettes and didn't come back or left you by telling you he was leaving or does it mean he died? Did he leave you the house or did he leave it to the daughters if he is dead? The house is part of his estate so after the estate is settled the heirs will own the house and can sell it. You can't sell it if your daughters own it. What is the day of the house?
2015-10-16 9:15 pm
Your deceased husbands will can say whatever he wanted it to say. However, once the property is no longer part of his estate, and is transferred in whole to you, then you can do whatever you want with it. That would be the same as me including in my will that I want Bill Gates to leave each of my children $1,000,000. I can include it, but it won't mean anything since his money is not part of my estate.
2015-10-17 3:46 pm
it appears as if you deceased husband left the house to his children. In doing so, he left you a life estate in the property.

In doing his estate this way, you are allowed to reside in the house the rest of your life and your children or his children would not be able to put you out of the house for any reason.

You did not mention the fact that your deceased husband's estate has gone through probate. This procedure would legally transfer the property to your children. During probate the probate judge would sign a a document authorizing the county clerk at the county recorder's office to remove your husband from the title deed and add your 19 and 21 year old to the deed.

By you describing the way your husband left the property, it would appear as if he made a will indicating his choice of how he wanted his property divided and to whom he wanted to leave his property to.

You would need to contact a probate attorney to see if you are required to go through probate. In some states you are no longer required to go through probate , based on the value of the estate of the deceased.

I hope this has been of some benefit to you, good luck.

"FIGHT ON"
2015-10-16 10:19 pm
You need proper legal advice. There should be something in the Will about what happens if you want to sell.
2015-10-17 10:41 pm
Depends on your state laws and how the property deed was recorded. You need to speak with a family probate attorney before any of his assets can be divided.
2015-10-17 9:41 pm
well a will is just the wishes of the deceased. maybe you need to find legal advise for the state that you live in. but it sounds the will was written as if you were dead that the kids would get it.

pay the money and see an attorney in your state.
2015-10-17 6:48 pm
Read his will.
2015-10-17 6:05 pm
We cant see the actual details. If you have a life estate just moving out could possibly end it then the kids may be able to sell
2015-10-17 4:07 pm
well actually, depends on the state where you live, it this is a community property state, when he died the house is entirely yours, no longer a joint ownership
so you can do what you want with it
if he left the house to you in a will which probably needs to be probated, once you have title to the house, you can do what you want
if he left it wo your 19 and 21 yr old no, it is not yours to sell, it is theirs to do with as they choose
2015-10-17 12:06 am
If he left you the house, it has gone through probate & you legally own it then you can do what ever you want to with it.
2015-10-17 12:00 am
Didn't you already have partial ownership of the house before your husband died? Who is on the deed to the house right now?
2015-10-16 9:56 pm
Get legal advice about this. The answer to your question may be stated in the terms of the will.
2015-10-16 9:05 pm
Please try again, This doesn't make sense.
2015-10-16 11:38 pm
Your posting is garbled but it sounds like you're describing a life estate. Get some qualified legal advice.


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