Q: My father passed away we owed the home jointly my step mom is now trying to sell the home without my consent
I and my father are still shown as owners on the deed. She took advantage and married him on his deathbed while he was not in his right mind. Can she legally take and sell my property
A: If there are two legal owners on the title to real estate the property cannot be sold until both owners agree to the sale. Your other recitals raise some legal questions about whether your step mom used undue influence to obtain her share of the property. You will need to go an talk to an attorney to figure this out and yes, that probably means paying for a consultation. Real estate is a valuable asset so invest in getting good legal advice.
A: The answer depends on how the deed is written and whether your father had a will. You and your father probably own the property as tenants in common. If his estate is being probated, the personal representative of his estate could ask the court to order the home sold, and the estate's share of sale proceeds could be used for her support. The home can't be sold without your consent or a court order. You should contact an attorney to determine your rights and options.
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