Q: probate
my father passed away in his will that was never sent to probate he said my step mother could live in our family home that my father and mother purchased my father said my step mother could live in the home till she remarried or passed away or she could sell it but had to split the earnings between his 5 children. last week our family home caught fire and was a total loss.my step mother had dropped the home insurance with out us knowing .and now wants to sell the property were the house sat .the children do not want the propery sold we want to keep it in the family.the house was never put into my step mothers name it is still in my deceased mother and fathers name .so my question is can my step mother sell the property
A: Very Sorry.... Without a probated will father passes away intestate. So his Heirs take which includes his spouse. Hire a MO attorney to search the title and determine specific ownership. Spouse could sue for partition, so the other heirs offering her a small price for her share might make sense. But she will not be able to sell by herself if the title is as you say.
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