QUESTION
Does he have right to his mothers share of the sell on the property?
Asked on Jun 25th, 2015 on Estate Planning - Oregon
More details to this question:
Laws regarding sell of property with a deceased spouse with a living adult child.
11 ANSWERS
You need to tell us which state you live in since each one has different probate laws and you need to tell us the facts of the case so that we can provide an answer.
Answered on Jun 26th, 2015 at 1:42 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Your question does not make sense.
Answered on Jun 26th, 2015 at 10:51 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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The law is that the surviving spouse gets a spousal allowance $30,000 plus one half of the property. The adult child gets the remaining property. No one is allowed to sell the property until they have filed for probate and have the judge's approval.
Answered on Jun 25th, 2015 at 6:46 PM
2 Awards
Need way more information. Call an attorney for a free consultation.
Answered on Jun 25th, 2015 at 5:19 PM
Edwin K. Niles
How about some facts? Title? Who died first? Other deaths? Will? Trust?
Answered on Jun 25th, 2015 at 5:17 PM
Not enough details to understand what is being asked. Is this an estate settlement matter?
Answered on Jun 25th, 2015 at 5:11 PM
Your question does not contain any information or facts on which to base an answer. Can you re-submit?
Answered on Jun 25th, 2015 at 4:21 PM
Thomas Edward Gates
Depends. If there is a will, the will define how the estate is distributed. If no will, Washington statutes define how the estate is distributed. The deceased one-half of community property goes to the surviving spouse. They also get one-half of the deceased personal property and the children get the remaining one-half, equally divided. Real property is generally community property, hence child gets nothing from the sell.
Answered on Jun 25th, 2015 at 4:21 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If your mother had an ownership interest in the residence at the time it was sold then your mother's estate should have received a share of the net sale proceeds commensurate with her ownership interest. If your mother did not have an ownership interest at the time of sale then her estate would not receive and net sale proceeds. If your mother's ownership interest was as a joint tenant then upon her death the ownership interest was automatically conferred on the surviving joint tenant by operation of law and your mother's estate would not receive any net proceeds of a sale that took place after her death.
Answered on Jun 25th, 2015 at 4:12 PM
We need more information to understand your question.
Answered on Jun 25th, 2015 at 4:12 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Not enough information. Usually (not always) husbands and wives in Oregon hold title to their real property as "tenants by the entirety." This is a survivorship estate upon the death of one spouse, the other spouse owns the whole of the property. To answer your question, someone needs to review the deed ownership of the property.
Answered on Jun 25th, 2015 at 4:00 PM