Q: My father in law passed away 15 years ago , my mother in law now wishes to sell the house they shared ( bought in 1989)
The deed is in both their names but apparently is not listed as joint tenancy or survivorship , can she sell the house since her name is on the deed and he passed or does it have to be probated from 2006 ( year he died ) (home value is approx 40k)
A: If the property was not in joint tenancy, your father's 1/2 interest in the property would have to go through probate in order to pass good title. His interest would go to his heirs at law if he died without a will or would pass to those named in his will. In either case, his interest would have to go through probate. She could sell her 1/2 interest in the property if she could find a buyer for it.
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