Spokane, WA asked in Estate Planning and Real Estate Law for Oregon

Q: I would like to know which estate the money from the sale of a house belongs to

My mother and her husband have stock investments which they keep separate. Her husband also owns the home they live in. Her name is not on the title. In my mothers will she has left her estate to all 4 of her children. Her husbands will states that my mother gets his investments and the house. It states that when my mother passes away what is left in his estate goes to my brother and sister not all 4 of us. My mother plans on selling the house. Does the money from that sale still belong to her husbands estate and goes to 2 children or does it become part of my mother's estate and go to all 4 children?

1 Lawyer Answer

A: There is no estate until someone dies. Your question does not explain if one or both people have died nor does it state who died first. If both people are alive you won't be able to figure this out because either person could change their current plans or they could get divorce. If you are the same person that posted a similar question earlier - please read my prior answer. https://answers.justia.com/question/2017/04/19/when-a-house-is-sold-does-the-money-rema-263180

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