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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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

Answered 10 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption