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My father died and my stepmother is in a nursing home. In checking records, I find both of their names are on her house that someone else is living in. Is this legal and can I make them sell it for my part of it?
Asked on May 18, 2009 under Real Estate Law, Arkansas
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I'm not sure you have any interest in the house, and you'll need to take copies of all the records to an attorney to clear this up. One place to find a real estate lawyer is our website, http://attorneypages.com
Often, when a husband and wife buy a house, the deed is set up so that when one of them dies, the house automatically becomes the sole property of the survivor, and it does not get affected by the deceased spouse's will. This isn't always the case, though, and the records should clear this up. You may also want to talk to the lawyer about your father's estate, if he had any other property -- and certainly, if his half of the house is part of his estate.
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