What are our rights to our late father’s property?

UPDATED: Apr 6, 2015

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What are our rights to our late father’s property?

My father passed 7 years ago. He and his wife (my stepmother) told me that he made a Will leaving his piece of property divided between my brother, myself and my stepmother’s 2 children. Now she has to move into an assisted living facility and her son is trying to sell the property. Is this legal?

Asked on April 6, 2015 under Estate Planning, Wisconsin


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

Answered 7 years ago | Contributor

I am so sorry for your loss.  Where is the Will and was it probated?  Whose name is the property in anyway?  If it was jointly held and no Will was found or porbated it went to your step mother at the time of his death by operation of law.  But the son would have to have POA specifically for purposes of transferring the property.  Please seek legal help.  Good luck.

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