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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 101594
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I have life estate in my husbands house he passed away. In s

Customer Question

I have life estate in my husbands house he passed away. In his will the house will be divided by 3 of us two being his children . I do not want to stay in house , I want to move . Can I move out ?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.
I am sorry to hear about this situation. What state is this in, please? You state "Argentina" for "country relating to question" and I imagine that this is a typo.
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
I live in the US in the state of Ney York
Expert:  Ely replied 1 year ago.
Thank you. I am guessing your name was NOT on the mortgage.
Yes, one can move out. There is no mandate to continue to live in the home and/or take the property under one's name if one does not want to.
However note it is important to plan what is to happen to the property - if other beneficiaries want it, they should agree in writing to take it and work with the lender to refinance it under probate. Otherwise, the lender may foreclose on the property if no one pays.
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