Q: My father-in-law wants to sell un-probated property to help cover medical costs but eldest child is blocking the sale.
He failed to probate it after his first wife died. Now that he needs to sell it his oldest is making demands on sales price that would place it above market value. Can she block the sale entirely or can he sell the property and pay everyone their share?
A: Whether the property was separate or community property during their marriage, and what children they each had in and out of their marriage will dictate whether your father-in-law owns the property outright, whether he and her children share title to the property, or whether he has a marketable interest at all. He needs to gather his wife's death certificate, gather the most recent recorded deed to the property, and meet with a probate attorney to get a clear understanding of his options.
A: It sounds as though your father needs to probate the Will (if there is one) as a "Muniment of Title" or to seek an heirship determination. Right now, it appears that neither your father nor anyone else has the legal authority to sell the property. Please see a local probate attorney.
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