Legal Question in Wills and Trusts in Connecticut
Surviving wife
My father owned his home and is the only one on the deed. His second wife lived with him (not my mother). She was named the administrator because he had no will. Now she has the house for sale but she is intentionally delaying the sale of the house by not reducing the selling price so she can live there for free. My question is .. is there a time limit where she can be forced to move out. I feel if she had to move out she would be more willing to let the house sell.
2 Answers from Attorneys
Re: Surviving wife
She has a fiduciary duty to the estate and your father's heirs to act in their best interests. There is no timeline per se, but if she has the property listed for sale for a reasonable time period and there have been no offers she does have a duty to reduce the price. I assume she is using a real estate agent. If that agent is recommending a price reduction and she is refusing to do so you can certainly argue she is delaying the sale for her benefit. It sounds like she has conflict of interest here and may neeed to be removed as administrator.
Re: Surviving wife
You state that she is delaying the sale of the house by not reducing the selling price. Have you spoke to the real estate agent? If so, and you have facts to support your position then you should apply to the probate court to either have her removed as the administrator, and you be appointed or, you be appointed as co-administrator.
The issue regarding the house should also be addressed in your application and you should request the court to resolve it.
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