Q: Father left home to his kids thru a will. Is stepmom entitled to $$ from its sale? She received $$$ he left her already.
Stepmom is 90 years old and has be dx with dementia. Her power of attorney, son has placed a lien on the sale of house because he wants more money. She does not know that he is doing this. My father passed in June and we have not been able to sell the house because of the lien. Her other children will not intervene on our behalf. We were her caregiver for the last 2 years of my father's life.
A: It is possible that she is entitled to a larger statutory share by electing against the Will, but you need to evaluate the estate assets to compute that. In any event, you are going to need to petition the court for permission to sell or to quash the lien. When you find that lawyer, ask him or her to compute the statutory share issue.
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