Legal Question in Wills and Trusts in New York
If a estate is left to the spouse, can the spouse sell the estate without the children signing off?
Asked on 1/02/10, 1:55 pm
2 Answers from Attorneys
Locksley Wade
Law Office of Locksley O. Wade
The answer is a qualified yes and this is under the assumption that there is a will that specifically excludes his/her children.
Answered on 1/07/10, 5:39 pm
Walter LeVine
Walter D. LeVine, Esq.
I agree, but all legal requirements required by probate need to be done first, like giving notice of the probate of the Will, so if anyone wants to contest it, they have the opportunity. If all legal requirements are met, the spouse can do as he/she pleases.
Answered on 1/08/10, 9:03 am
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