Seattle, WA asked in Real Estate Law and Probate for Washington

Q: If my mother is named on the deed and was not married to my currently deceased father, can my siblings fight the sale?

My father and mother were never married. My grandparents transferred the deed to the house to both of them. My father passed before 2000 with no Will in the PR. My parents had split, and my father had other children. My mother is finally going to sell the house. We know about the inheritance law regarding my father and his heirs, but she is getting flak from my father's other children who say they must be involved in the sale of the home or that she has no rights to sell the house. I thought that if my mom's name is currently named on the deed, she has the authority to sell without disruption from any of us, however, the assets would be distributed to everyone by PR law. Is that accurate?

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2 Lawyer Answers
Anthony M. Avery
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Answered

A: Hire a WA attorney to conduct a title search, then determine ownership. Then the owners will have standing to complain. Your statements do not indicate the estate granted in the deed.

A: No, that is not accurate. If someone other than your mother could inherit money from the sale of the house, then the house cannot be sold by your mother alone, and there has to be a probate to sell it. However it's still possible that only your mother inherits the house, and nobody else.

It really depends on what is on the deed. The deed naming both your mother and father as owners of the house could be worded 1) so that if one of them dies the other inherits the house. Or it could be worded so that 2) they each own 50% of the house, and not more.

If it's the second option, then because your parents were never married and in fact not even living together when he died, your father's other children do need to be involved, and your mother cannot sell the house by herself.

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