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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 54018
Experience:  29 years of experience practicing law, including tax and estate planning.
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My husband's sister and husband lived in s grandmothers

Customer Question

My husband's sister and husband lived in his grandmothers house....his sister had a will starting that when something happened the house went to my husband since it was his grandmothers house.....his sister passed away and her husband stayed in the house until he passed away a few months ago....now his family id's selling the house....is there a way to stop that until a will can be produced?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.

Good afternoon. Yes, file a petition with the probate court asking the court to enjoin any transfer of the property until the will is produced and probated. Along with filing the petition, file a lis pendens (which is just a fancy name for a lien in this situation) against the property which will indicate to any prospective purchaser that there is a suit involving ownership of the property and will prevent any purchaser becoming a bona fide third party purchaser by buying the property. This will insure that the property is not sold while your petition is being adjudicated by the court.

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