Louisville, CO asked in Estate Planning, Family Law, Real Estate Law and Probate for California

Q: I'm 1/2 owner of a house.the other owner passed.he has 2 kids. Can I sell house without them going through probate?

The other owner left no will. If I can't sell how can I get the other owners children to hurry up and go through probate?

1 Lawyer Answer
Ben F Meek III
Ben F Meek III
Answered
  • Estate Planning Lawyer
  • Oklahoma City, OK

A: Depends on how the house was owned. Check the Deed. Were you and he joint tenants with right of survivorship? Were you married to each other? Did he leave a valid Will? If you and he were neither married to each other nor joint tenants, then you were probably co-tenants, which means you would have to probate his estate, at which point his lineal heirs would become co-owners with you (unless his will left it to you). But this just guesswork. Take your deed any other relevant documents and go see an attorney. Many offer free initial consultations. Good luck.

Joseph Torri agrees with this answer

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