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Can i sell my home if my husband dies

 
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Vote:
Asked by

Kathe


My husband died i live in the state of louisiana and he had a son from a previous marriage who has the right to my husband property he died without a wil
0     In Sell Cont.02

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    Q. If the home is owned by both husband and wife what happens to the home when the husband dies?


    "And must present a death certificate to the bank or mortgage co..."



    unless a pre-nup says otherwise, the wife is FIRST entitled, and must present a DEATH certificate to the bank or mortgage co. if applicable. If paid off, simply the deed is transferred to reflect ONLY her name sake with PROOF of death. (as long as she didn`t OFF him! lol..joking! :P)

    This answer closely relates to:
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    Q. If the home is owned by both husband and wife what happens to the home when the husband dies?


    "All furnishings in the house..."



    all furnishings in the house, if not mentioned under a tenant policy (insurance) are YOURS. Plain and simple.
    t_cameron76 said: oh wait! I read the Q wrong! My bad..sorry! Nope..as a previous Insurance Broker, and my parents' being renters, THAT stuff is the RENTERS' stuff regardless of the dwelling, unless you have written agreement saying it's YOURS in the case of your hubby's death, which doesn't sound right to me..hmmm.. Don't take something that isn't yours - but then again, I don't know the WHOLE story, so I'll stop there. I value my reputation on here! Good luck

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    Q. What is the name of the classic movie where a woman moves to the country with her kids after her husband dies?

    Powered by
    I believe it is a classic turner movie or a disney classic. the plot: a woman inherits her husbands debt after he dies and has to sell all her belongings and moved to the country with her kids to live with relatives. the relatives are very wealthy.

    Sounds like "Summer Magic" starring Haley Mills.

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    Q. How would we sell vehicles after death if my husband or myself would die?

    Powered by
    I know power of attorney ceases when the person who granted that power dies. but if something happened to me or my husband, how would the other sign for that person to sell vehicles after they die. i have both cars in my name and he has the motorcycle in his name.

    "If he died without a will you have to..."



    If you are not on his titles for vehicles, it is a redtape mess. You have to take his will and death certificate to the state offices and they re-issue the title in your name. If he died without a will you have to wait for probate court to make a property settlement. All this takes time and some money for fees and it is alot easier if both of you are on the titles. but maybe neither of you will die. And a downside of both being on titles is that if you divorce then the vehicles have to go through divorce court. The only answer is to stay married and live forever.

    This answer closely relates to:
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    Q. If my husband leaves his half of house to his children if he dies will i be forced to sell?

    Powered by
    My husband is thinking of leaving in his will his half of the house to his children from a previous marraige that we jointly own outright.if he does this will i be forced to sell if he passes away for them to have this. wish he would take out a life insurance policy but he is having none of it.

    "If you have joint ownership with them..."



    No, he's left them his half of the house and you don't have to sell it. They will get their share when you decided to sell, which could be now or never, it's up to you. If you have joint ownership with them, they can no more force the sale than you can, it needs the signature of all parties concerned.

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    Q. Can my deceased ex-husband legally sell land he owned while having a child support order in place?

    Powered by
    My ex-husband sold this land before he died,but never paid child support,this land is now owned by someone else .is their away i can take this to court for contempt although my ex-husband is deceased???before he died he sold this land,but never paid any child support??his only assets was the land,their was only a lien on his home and that got burned down

    "This isn't a property law question..."



    If the land was transferred for less than market value, or if it was transferred to a friend or relative who had knowedge of his arrears of child support and in a conspiracy to enable him to dispose of assets and avoid the debt, then you can pursue the holder of title to the land under a theory of fraudulent conveyance. Most US states have enacted the Uniform Fraudulent Conveyance Act (see, for an explanation, http://www.fraudulenttransfers.com ). The agency in your state responsible for enforcement of child support orders may be able to help. This is not a do-it-yourself project, you need legal advice (although if you don't have a lawyer you certainly should print out what I wrote above and mention it to any judge you appear before). One wonders what happened to the proceeds of sale. The same law I mentioned above can be used to reach those funds. Even if they were "gambled away" to friends as part of another conspiracy to avoid the arrears. The social services agencies can advise you on the child's rights regarding inheritance and survivor's benefits. In at least one state (Louisiana) a parent cannot disinherit a dependent child. Good luck. [One wonders why people post answers like "see a lawyer". Do they think the questioner is so ignorant that she doesn't know that already and can't they see that she wants to appear intelligent when she talks to the lawyer so she doesn't waste his/her time and have to pay for it? Or do they just want those 2 points so badly so they can resell them on eBay or something?] To kikka: This isn't a property law question; no doubt the sale was properly recorded in the county clerk's office. This is a fraudulent conveyance question: the hiding of assets to avoid payment of a debt that is so protected in law that the debtor can't avoid it in bankruptcy or by giving stuff away. To everybody: If this were a question about the best technique for root canals, would you answer it with guesswork? Why do you guess about the law when there really isn't any doubt about what the law is, one only has to look it up. Or know what it is. Findlaw.com and Lexisone.com are your friends.

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      • Ask your question fast! question question detail (required) answers user welcome teresalarmand credits: 40 (level 1) view profile edit profile m?

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    Q. How to get a stolen title back so i can sell a car to pay off my husband's funeral?

    Powered by
    My husband died suddenly about a couple of years of ago and his sister stoled his car title from a car title pawn shop

    you can ask for it back, if you dont want to talk to her or she doesnt want to give it back then call the cops and report it stolen.

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    Q. When a parent dies with no spouse, can anyone but the children sell the possessions that are left?

    Powered by
    My ex-husband died and his family is taking control of selling his possessions without my son's consent. is that legal? i thought the children of the deceased were entitled to everything and not the deceased's siblings.

    "The son is entitled to his heritage...."



    Unless there is a will, he is intestate, or however you spell that. See an attorney quickly, or it will all be gone. Yes, the son is entitled to his heritage.

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    Q. My husband died recently & have to sell my house. how does one go on?

    Powered by

    "It's important to grieve for someone who has died..."



    That is a tough one. Surround yourself with family and friends and take one day at a time. Stay strong in your faith and take all the time you need to grieve. It's important to grieve for someone who has died, no matter how long it takes. God bless you!

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    Q. My mother quit claimed her house to me and my husband. what happens when she dies?

    Powered by
    My mother "sold" her house to me and my husband. we are making monthly payments directly to her. she has also quit claimed the house to us. i have two siblings. i was wondering what would happen when my mother dies. will the house be ours or will we have to pay my siblings for their 1/3 part of the house. the will states that the house goes to all three of us. the quit claim was made after the will. thanks

    "The note you signed (if you signed one..."



    You need to ask her what she expects. Legally as far as the house is concerned, it belongs to you already. She deeded it to you. The will says it goes to the three of you but, since she no longer has a house, there is nothing to split. You need her to change her will and explain to you what she wants done. Perhaps, the note you signed (if you signed one) specifies that the payments will continue to your other siblings until the house is paid.

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    Q. My husband died 9/07 we owned a coop jointly, can i sell it without having problem?

    Powered by

    "Its imperative for you to get everything straightened out before listing the property..."



    Its imperative for you to get everything straightened out before listing the property. THE first thing I would do is to make absolutely certain you have a Death Certificate readily available. For any and all other concerns, you should consult the listing sales person or your attorney. Thanks for asking your Q! I hope the info helped you. VTY, Ron Berue Yes, that is my real last name!

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