It will require two probates to sell mom's house


After mom passed away, one of her children passed away. Probate will need to be done for both of the decedents.


Attorney Tom Olsen: Don, on you are on News 96.5. Go ahead.

Don: Hello. How are you today?

Attorney Tom Olsen: I'm doing great, thank you.

Don: My question is my mother passed away a couple of years ago and left a house to my two sisters, my brother, and myself. Since then, my brother passed away, and we found out he did not have a will. We do not want to keep the house, but what do we have to do then to sell it? He had a wife and a daughter.

Attorney Tom Olsen: Okay. Now, Don, it would require two probates. One probate would be for your mom where you take that home and you place into all four names, then a second--

Don: She willed it to all four of us.

Attorney Tom Olsen: Well, that does not put it in your names. It still requires a probate process to get it there. Then, a probate for your brother where his one-quarter interest will pass a court according to his will which might very well be his wife. If you guys want to sell this piece of property, there's no shortcuts here. It will require two probates, Don, and I'd be pleased to assist you with that if you want to call me next week.

Don: Thank you very much. I'll do that.

Attorney Tom Olsen: Okay, Don. Bye bye.