Widowed seller, deceased spouse still on title, no will. My title company has informed me they cannot clear the title and proceed with a short sale without going through the heirship process, which would involve two step-sons signing docs. One step-son is not cooperating because he does not have a good relationship with the widow and he has nothing to gain. Has anyone else ever had a situation like this one? How can this be legal, considering it is obviously unethical?
I'm in another state....but why is deceased spouse still on title? If no will shouldn't it have been divided up intestate per probate courts? If deceased spouse died without a will and went intestate then I would imagine the son would have an equity share and would be on title if he didn't sign it over (deceased husband should be off as estate should be name). This is unless widow had rights of survivorship on the will. If not the court needs to be involved I would imagine to sell. Check with an attorney. Good luck!