Q: Does my deceased son’s girlfriend have to sell the home they and their 2 children lived in to give the equity to kids?
No will. House and mtg. in son’s name. Equity seen as 1 of his assets for kids. My son wanted that home for his girlfriend and kids. Keeping the home keeps them in a house.
A: The surviving children are the ones who have the priority of appointment as Personal Reps of the intestate estate, but if they are minors they will not be able to petition the Court. Girlfriend has no legal status but can be a Formal Petitioner for appointment. Someone will need to be appointed as Conservator of the minors if they are under 18 or conservator for disabled if either or both are under disability. There is a fairly complex process for the Court to allow sale in this situation of minority or disability. Probate counsel should be engaged.
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