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The son's estate must be probated in order for the title to the real estate to pass to the heirs-at-law legally. Real property can only be sold by the person who has legal title. However, as part of the probate procedure his debts must be paid before any property can be distributed to his heirs. If the son has a spouse and/or children they will be his next of kin. If no wife or children then his parents are his next of kin.

You can check the laws of intestacy in your state at the related question link provided below. Remember that the laws of intestacy only provide the identity of the heirs who inherit the property. The title to the property must be perfected by a probate procedure. In the case of a sale of inherited property, the buyer's attorney will review the probate file to determine who needs to sign the deed.

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Q: Can the mother of her deceased son sell his home if there is no will?
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If a mother wants to sell her home with no existing mortgage to her son who will need her as a co-signor to secure a new mortgage will capital gains still be applicable?

You can't sell a home to yourself. If the son needs the mother as a co-signer she will need to remain on the title of the home. Therefore the ownership will go from mother to mother-and-son as tenants in common or joint tenants. Therefore an interest was added to the home (the son) but the mother is still an owner (just now 50% owner).


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An action like that must be handled by the estate. If the deceased has left a will and named an executor, the executor must handle the disposal of any property. If no will was left, the courts will determine what happens to the property.


Can a son who has his name on deed of home with his mother sell the house when there is a life use clause?

Definitely.... No, he definitely can not sell the property, thus, the Life-Use clause protects the property from being sold during the life-time of his mother.


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