Q: If one parent passes is the surviving parent able to sell the house and not give the children her 1/2
My father wants to sell the house we grew up in and buy his companion a condo are we entitled to my mothers 1/2
A:
It's possible. If the house was owned jointly with rights of survivorship between the two spouses (as homes often are), when one spouse passes away the other spouse gets the entirety of the property automatically. It also passes outside of the probate estate. Therefore it is possible that your father owns the entirety of the house by himself and no one but him has a right to it.
If the house was in your mother's name or owned jointly by your parents in common, the children could be entitled to 1/2 of the probate estate of the mother. If the children do have such an interest in the house they are entitled to whatever their share of that interest would be from the sale of the house.
Then again it could be possible that your mother left a will and left everything to her husband or spouse, or specifically left her interest in the house to her spouse. There are a lot of variables at play here.
The only way you will get any real answers is if you consult with a local probate attorney in your area.
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