Legal Question in Real Estate Law in Missouri

After my mom died in 2009, my dad remarried in June of 2011. In September 2012 my dad refinanced the house, that him and my mom bought in Missouri, to lower his payments and get a better interest rate. His new wife was not on the loan, my dad did mention that she had to sign some form because they were married. He was the only one on the home loan as he was the only owner. My dad died January 2013 and left his business and all his possessions, including his home, to me and my 3 siblings. We are in the process of selling the house and we have accepted an offer, but my dad's widow called the attorney (the executor of the trust) to say that she knows her rights (she has a relative that is a real estate attorney) and she is going to file an injunction against the sale of the house. Does she have the right or power to do this? My dad always said her stuff was hers and his stuff was his.

Asked on 3/07/13, 2:12 pm

Anthony Smith LawSmith

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Yes. Your attorney, or the attorney administrating the estate, can explain what rights and powers a surviVing spouse has.

God luck

Answered on 3/12/13, 7:20 am

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