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Can a decedent's property be sold if estate has not been finalized and other half belongs to surviving spouse. Can his ex wife apply for letters of administration for their children?
Wiki User
∙ 13y ago
Once probate or letters of administration has been obtained the deceaseds assets can be sold. If the asset is a property and it is owned as tenants in common the administrators are unlikely to find a buyer with someone in the house and unwilling to sell the other half.
Another PerspectiveThe answer to the question is NO. The sale of the property must come about by a license to sell from the court. The court-appointed administrator of the estate must apply for that license. In most jurisdictions an ex-wife isn't legally qualified to be appointed the administrator. She has absolutely no legal interest in the estate. She has no legal standing. The surviving spouse is the person most favored by the court for that appointment. This is a complicated situation. The surviving spouse must hire an attorney to handle the estate ASAP. The attorney can review the title to the property and the situation. She/he will be able to explain the options under the laws of the jurisdiction. A surviving spouse should act quickly when a spouse has died. She needs to take control of the situation and not sit back and allow the situation to deteriorate.
Wiki User
∙ 13y ago
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