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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37003
Experience:  Attorney over 16 years, landlord 26 years
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My wife and I were divorced late in2015. The final decree stated

Customer Question

My wife and I were divorced late in2015. The final decree stated we had to sign a new deed becoming tenants in common and the marital home was to be put on the market by March 15 2016. She died on March 2nd. Now her estate is being probated which in NH usually takes 3 months before an administrator is assigned by the probate judge. Since the home was not listed for sale prior to my exwifes death, does that mean it can't be listed be for an administrator has been approved by the probate court, or can I move forward with its sale without an estate administrator involved?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..Since the home was not listed for sale prior to my exwifes death, does that mean it can't be listed be for an administrator has been approved by the probate court, or can I move forward with its sale without an estate administrator involved?.You could begin the initial steps to talk to a realtor to get them prepped to list the property, but legally you can't list the property with the realtor until the personal representative of the estate agrees to sign any listing contract. It will take both her estate as well as you to actually sell the property as the representative will have to sign off on not only the listing contract, but also the deed and HUD-1 at closing so the sale can go through..So to answer your question directly, no, you can't sell it and must wait on the administrator....thanksBarrister
Customer: replied 1 year ago.
Thank you. You confirmed what I was afraid the situation might be. I am calling the NH bar association to see what if anything I can do.
Expert:  barristerinky replied 1 year ago.
You are very welcome, even if the news is kind of lousy...If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me...thanks muchBarrister

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