If a property which was left to2 siblings and 1 one of them dies,can the deceased siblings half then be sold by their spouse?

UPDATED: Jan 9, 2012

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If a property which was left to2 siblings and 1 one of them dies,can the deceased siblings half then be sold by their spouse?

Property in question is a single family home with two car garage, which was rental property.

Asked on January 9, 2012 under Estate Planning, Massachusetts


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your loss.  The most important thing for yo to look at here is the deed to the house.  What does it say?  Does it say that you and your sibling are joint tenants with rights of survivorship?  If it does then you  won the house outright.  But I am assuming that it does not so the half that belinged to your sibling goes to his or her heirs either through the Will or by intestacy statute.  Now, the spouse can try and force a sale by bringing an action that would in essence ask the court to divide the house equally but it rsults in a sale and the proceeds are divided.  ANd possibly sell their half interest in the house.  I would seek legal help here.  Good luck.

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