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.
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).
;l'akfn
Mother, if you mean wife of the deceased husband.
Can a son make you sell the house after his father dies and the mother is still alive?
Yes , he is realeated to Juanita Bayum , she's actually his mother .
Mother's right to inheritance of the deceased son
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.
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.
If mother and son are indeed tenants in common then each has the right to the use and possession of the whole property. Son cannot mortgage or sell the property without the consent of mother. Mother cannot mortgage or sell the property without consent of son. Both are equal owners.
Whomever applies for and is granted the Letters of Authority by the probate court.
If there is going to be a probate because there is other property, the son won't have the authority to sell the car. That should be left up to the executor or the administrator of the estate. Generally there are state legal provisions that permit the sale of the automobile in estates too small for a full probate procedure.
There is no patron saint for dreaming about a deceased son.