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Barrister
Barrister, Attorney
Category: Legal
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Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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If the will states that every thing goes to spouse untill his

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If the will states that every thing goes to spouse untill his death and then divided between childred, can he sale the home or property?
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If the will states that every thing goes to spouse untill his death and then divided between childred, can he sale the home or property?

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This is a situation where the surviving spouse is granted a "life estate" in the deceased's property which allows them to use and enjoy the property until their death. Once the surviving spouse passes, the "remaindermen" named in the will (i.e. children) would then automatically receive the property of the first deceased spouse under their will.
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Whether the surviving spouse can sell the deceased spouse's property that they have a life estate in will depend entirely on whether the will grants that power as part of the life estate. If the will doesn't specifically give the surviving spouse a power to sell or dispose of the property, then they can not do so and their rights are limited to using and enjoying the property during their lifetime.
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