Asked in Estate Planning, Real Estate Law and Probate for Indiana

Q: My father recently passed away. His 2nd wife is selling their house. Do any of dad's kids have any rights.

Dad and 2nd wife bought a house in Indiana and it is in both names. There was a will. She was named as executor with my sister and her daughter named as seconds. The will stated that she could stay in the house until she dies and then it was to be divided between my father's and her kids. She is selling the house now. I assume the will was probated. What are the implications? Does the 2nd wife now have all rights and whatever passes to her heirs? Do we have rights to the sale of the house now? Or when she passes we have the rights based on the sale of the house and terms of my dad's will?

1 Lawyer Answer

Nina Whitehurst

Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: You need to hire an attorney right away to review the will and the final order of distribution in the probate and possibly the order permitting the sale. It is possible she is doing wrong, but it is also possible she has decided not to stay in the house and is selling it now and the proceeds will be split between the two sets of children.

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