Q: My mother's estate was never wind up. My father wants to sell the house.
We never reported the estate. He wants to sell the house for his benefit. My sister is 23 and lives in the house with him. He informed her yesterday that she needs to pack her stuff and move today. She has no where to go what is her rights and what can she do. I have all my mother's documents and a will that needs to be verified. Can he just sell the house without the children's consent and without them having anywhere to go
A:
A lot of missing information here. Where is this? What state? Did your mother have a will? If so, what did it say? How is the house titled now?
Regardless, in the long run your sister will not be able to prevent a sale if your father is determined to sell and uses the correct procedures to do so. The only question will be whether the children are entitled to a share of the proceeds. Most likely they are not, but it is theoretically possible depending on the answers to the aforementioned questions.
The bottom line is you need to consult a probate attorney about your particular facts and circumstances.
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