sell of house

[D]

My mother died recently and we are selling hers and my step fathers house. The house was aquired by both before marriage. The house is in her name and his name. Will checks for the sale of the house only come in his name or will 3 separate ones be issued for him, me and my sister? He is trying to say that he will take out of our checks for what he says we owe him, how could a reality company determine that entity? I think he is just trying for all the money he can get. How do checks come from the sale of a house? Als do I need to give my name to the realitor for the cutting of the check or how will they know it goes to three seperate people?

 

[Wilson]

It all depends on HOW title to the house was held. If it was held as joint tenants, then the husband owns full title, 100%, and the heirs own ZIP.

If it was held as, or was, community property (and you said you live in Arizona, but not where they lived) and there was no Will, he probably owns it 100%.

Anything you get from him on the sale would be a matter of grace on his part in such cases. And if you start acting as greedy, money grubbing and entitled kids, I know what I'd give you, ZIP.

But go to a lawyer and find out your rights. There may be a lot more that you are not aware of.