Q: Dad's wife passed. Can he sell jointly held home (Oregon)? Do her adult children from previous marriage get anything?
Dad's wife's will leaves everything to my dad but if he's also deceased then her 3 sons each get 25% of the estate. Does his will supersede his wife's or does he have to follow her will?
A: The answer to your question depends on how the home in Oregon is titled. If the Deed shows both of their names as "husband and wife" or "tenants by the entirety" then the house belongs to your father and he has full authority to sell it and keep the proceeds. If it doesn't then your father should have an attorney review the Deed for him to give him specific advice on his rights and whether or not a probate is needed for his wife's estate. If a probate is needed then his wife's Will controls how her estate is distributed.
A:
I second Theressa's analysis. It really depends on how the property is titled and that information can be found in the deed recorded with the county.
I will also add that the ownership in the deed supersedes anything listed in the will. As such, if the property is in fact listed as husband and wife, then the property will go to the husband even if the will has contrary directions.
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