Is the surviving spouse entitled to exercise their right in the sale of property, if the deceased spouse was a joint heir to property before they died! Does the surviving spouse have the right to confirm or deny the sale of the property? If the couple actually lived on the property does the surviving spouse have to move?
ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU:
This is not a straightforward scenario. You state that the decedent was a joint heir. This does not tell me how the property was owned when he died. Was it still part of someone else’s probate estate? If yes, then the PR of the other person’s estate can still sell the property.
Was the other person’s estate closed so that the two of you owned the property in you names when he died? And if so, was it joint ownership or tenant in-common ownership? With joint ownership, title passes to the survivor of the two by operation of law. If it is tenant in common, then a probate must be opened for the decedent to sell the property. Then we have to look to see when and if the decedent executed a will and/or a prenup. You should consult an attorney.
Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
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The estate administration attorneys at the Beliveau Law Group provide legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.