Q: Can I put a claim against real estate that was sold after my father's death when he had NO Will?
At the time of our father's death I was unaware of any inherentace laws or intestacy laws or my rights to have it. My father passed away having no will. Surviving spouse & 3 adult children.
I visited my parents a couple months before dad died. I had a big job out of state to finish & dad wanted me to move back home to help out around the house once job was done. Dad died before I got back. My sister knowing there was No Will; she bullied our mom into taking care of everything after dad died. She lied about finances & probate laws to mom & me. Never mentioned intestate estate laws.
Quickly sold & gave away all of dad's valuables; house included. Mom wanted to give me their house because she never liked the house. But my sister said she already signed a contract to sell the house & she can't go back on the contract.
A: If Father owned the home, then Wife owns 1/3 and each Child owns 2/9. The Sister cannot sell anything except what she owns. You can easily contact the realtor or prospective purchaser and so inform them. Also you can file suit for Partition. But your Mother individually may own the home, and she could then convey it. Hire a competent attorney to conduct a title search and represent you. If all owners did not sign Contract to sell, then it is not enforceable.
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