Chicago, IL asked in Estate Planning, Family Law and Real Estate Law for Missouri

Q: My friend died but she owned a home w/her husband & children. The husband is trying to sell the house. Can he do that?

Kids names are on deed as well as the husband. Can he sell the home without the permission from the kids? Her kids are grown adults not minors, does that change the info you have answered?

1 Lawyer Answer
Anthony M. Avery
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  • Estate Planning Lawyer
  • Knoxville, TN

A: An examination of the present deed, and possibly the title, is needed here. Even if it is a life estate/remainder deed, the surviving husband can still ask a Court to sell the minors' interests. It depends on the deed whether the husband and the kids took the deceased wife's interest, or whether it was extinguished. But a Court can still okay conveyance of the kids' interests. And the husband can sell his individual interest even if there are other titled interests present, which is another reason for the buyer to search the title.

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