Q: Can I sell a property of deceased spouse involving surviving children without going through probate court ?
I have a property deed that has my name and my deceased spouse's name on it, my name alone is on the mortgage. I want to sell but can't without going through probate because my deceased spouse has 3 children 22,19,16. Is there a point after the minor child (16) reaches the age of 18 that I could then sell this property without going through probate courts?
A: You have given nowhere near enough information to get a complete answer. If the property was owned by you and the wife as tenants by the entireties, then you should be free to sell it because you are the survivor and it belongs entirely to you. But I would need to see the deed to the home in order to determine this.
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