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If the husband and first wife owned the property by survivorship then the husband automatically owned the property in his own right when his first wife died. In his will he actually granted his spouse a life estate that will be extinguished when she no longer desires to live in the house and consents to the sale. In that case you will need to obtain her consent IN WRITING to clear the title. You should seek the advice of an attorney in your jurisdiction to determine who is responsible for the financial obligations and maintenance for the home.

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Q: Deceased has a will stating the surviving spouse remains in home until she decides to sell at which time profit from the sale will go to the son. Deed is in deceased and first wifes name. Legal?
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