Q: probate
my father passed away in his will it states that my step mother can live in the family home until 1. she remarried 2. passed away or she could sell the home but would have to pay his 5 children what the home brought. She has lived in the home for 11 years till one week ago the home caught fire she had no insurance on the home so it has been a total loss.she now wants to sell the propery were the house sat can she legally sell and not give the children there share
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A: Was the will filed for Probate? If not, it means nothing and heirs own. If Probated, then the Devisees would have to file suit for an injunction against sale and equitable enforcement of the Will Devise. Just a Lot is not worth alot so filing suit for Partition now might be the best route. Hire a competent AR attorney.
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