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My husband passed away without a will (California). He owned a home; tenants in common, with his step father. The property was purchased prior to our marriage. The mortgage is in my husbands name. I don't want the house, I can't pay the mortgage. My (step) father in-law is willing to sell it, he was only helping my late husband buy it. Can he sell the house? What happens if he can't and I stop paying the mortgage? (I can't afford it)
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Estate Litigation Attorney serving Redlands, CA
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A probate action is required to deliver the title to half of the property to your late husband's heirs. The step-father isn't going to be able to sell it on his own without someone siging off the other half of the interest in the property. Get a probate attorney to help you with this.
Answered on Sep 09th, 2015 at 9:30 PM