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Ely
Ely, Attorney
Category: Traffic Law
Satisfied Customers: 541
Experience:  Private practice
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My mother has had poor health all her life. Upon my father's deat

Customer Question

My mother has had poor health all her life. Upon my father's death, mother wanted to ensure access to the equity in their home in CA should she need it for her ongoing medical care. Mother was 61 at that time.
Mother had my sister—Sue-- change title on Mom’s house to be held jointly in the names of:
a) my mother--Bev; b) my sister--Sue, and c) myself--Lynn.
Again, the intent was for my sister and me to sell the house if mother was incapacitated. My sister Sue was married and mother had Sue's husband sign a quit claim against any right to the house.
Then, my sister suddenly died in a car accident. A year later mom went to remove my sister’s name from title and found out that Sue had set it up as tenants in common which Mom learned that meant that Sue's share went to her heirs. Sue had three daughters. Title on the house now reads as follows:
a) Beverly, a widowed woman; b) Lynn, a single woman; and c) ESTATE OF SUE. Per Mom’s will her share of the house i
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello my name is ***** ***** I will be glad to answer your question.
I am sorry to hear about this unfortunate situation.
What is your legal question for me?
Customer: replied 1 year ago.
QUESTIONS
Upon Mom’s death can I go about selling the house?
Do my sister’s children have to actually have their names on title—or is it ok to sell the house with title in its current form of a) Beverly, a widowed woman; b) Lynn, a single woman; and c) ESTATE OF SUE
Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.
How old are the deceased sister's children?
Was estate for your deceased sister closed yet?
Customer: replied 1 year ago.
My sister died 23 years ago without a will Her children are grown
Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.While I cannot comment on your specific case, generally, the house can be sold when an estate is listed as joint owner, however, all beneficiaries of the estate would have to approve and sign off on the sale. I wish you the best of luck!