Can spouse sell property left after other spouse dies?

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Can spouse sell property left after other spouse dies?

my friend would like to sell the property she id elderly and it is in a rural setting ,now for many many year she and her late husband maintains the property and trailor and by trelor I mean ther is a addtion with a foundation and 2 car garage,they replaced the windows and had a new septic system installed, now the daughters are telling her she cannot sell it because it was thier fathers possetion,but they were married when they move into it and ohio has rights for spouces yes? A local att. told her for 2500.00 she would make it all right with the world,the ladies on a fixed income any advice?

Asked on June 3, 2009 under Real Estate Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If the title to the property is in her name, yes she can sell it.  If she and her husband owned it together as "joint tenants" then upon his death she would become sole owner and could dispose of the property as she wishes.

Sounds as if there was no will here.  That means her husband died "intestate".  In that case according to Ohio law, as the surviving spouse she in entitled to a share of the home with a portion being split with the children.  I can't be more specific because I don't know whether or not she is the biological mother and other details.

What she needs to do is to speak with an attorney.  Since money is an issue here, try calling Legal Aid.  Additionally, call the nearest senior center in your area, many times they will know of low cost or free legal services.

Best of luck.


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