Does he have right to his mothers share of the sell on the property? 12 Answers as of June 29, 2015

Laws regarding sell of property with a deceased spouse with a living adult child.

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Law Office of Pamela Braynon | Pamela Y. Braynon
I'm sorry there is not enough info here to be able to properly answer this question. I would need to know the entire scenario. I don't wish to assume anything. Right now I can only assume his mother is deceased and she owned property with others. That ownership will determine what rights he has. She can own it as a joint tenancy with a right of survivorship or she can own it as tenants in common. You would have to look at the deed to determine what share she owns, because there is a different answer for each one.
Answer Applies to: Florida
Replied: 6/29/2015
Law Offices of George H. Shers | George H. Shers
You need to tell us which state you live in since each one has different probate laws and you need to tell us the facts of the case so that we can provide an answer.
Answer Applies to: California
Replied: 6/26/2015
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
Your question does not make sense.
Answer Applies to: Michigan
Replied: 6/26/2015
Ronald K. Nims LLC | Ronald K. Nims
The law is that the surviving spouse gets a spousal allowance $30,000 plus one half of the property. The adult child gets the remaining property. No one is allowed to sell the property until they have filed for probate and have the judge's approval.
Answer Applies to: Ohio
Replied: 6/25/2015
James Law Group
James Law Group | Christine James
Need way more information. Call an attorney for a free consultation.
Answer Applies to: California
Replied: 6/25/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    How about some facts? Title? Who died first? Other deaths? Will? Trust?
    Answer Applies to: California
    Replied: 6/25/2015
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Not enough details to understand what is being asked. Is this an estate settlement matter?
    Answer Applies to: Nebraska
    Replied: 6/25/2015
    Gates' Law, PLLC | Thomas E. Gates
    Depends. If there is a will, the will define how the estate is distributed. If no will, Washington statutes define how the estate is distributed. The deceased one-half of community property goes to the surviving spouse. They also get one-half of the deceased personal property and the children get the remaining one-half, equally divided. Real property is generally community property, hence child gets nothing from the sell.
    Answer Applies to: Washington
    Replied: 6/25/2015
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    Your question does not contain any information or facts on which to base an answer. Can you re-submit?
    Answer Applies to: Colorado
    Replied: 6/25/2015
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    If your mother had an ownership interest in the residence at the time it was sold then your mother's estate should have received a share of the net sale proceeds commensurate with her ownership interest. If your mother did not have an ownership interest at the time of sale then her estate would not receive and net sale proceeds. If your mother's ownership interest was as a joint tenant then upon her death the ownership interest was automatically conferred on the surviving joint tenant by operation of law and your mother's estate would not receive any net proceeds of a sale that took place after her death.
    Answer Applies to: Illinois
    Replied: 6/25/2015
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    We need more information to understand your question.
    Answer Applies to: Oregon
    Replied: 6/25/2015
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Not enough information. Usually (not always) husbands and wives in Oregon hold title to their real property as "tenants by the entirety." This is a survivorship estate upon the death of one spouse, the other spouse owns the whole of the property. To answer your question, someone needs to review the deed ownership of the property.
    Answer Applies to: Oregon
    Replied: 6/25/2015
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