Question:
I have a family member whose husband just passed away.
His sister has listed his home on MLS® with a REALTOR®®.
The REALTOR® has been advised many times via voicemail that the home is not owned by the sister, but the REALTOR® will not return any calls, and simply calls the sister to inform her that someone else is saying the home is theirs.
Answer:
The husband passed away. Was he the sole and only Owner at the time of his death, or was the property conveyed in Joint Tenancy to himself and his sister? We may simply be waiting for three weeks to have this reflected through GeoWarehouse.
Also, he may have signed a Will (leaving the house) with his sister as Estate Trustee. If that is the case, she can: 1) list the property, 2) sell the property, but she cannot take the third step, 3) convey or transfer the property until the Court has issued a “Certificate of Appointment of Estate Trustee with Will Annexed”. That can easily amount to a three month process.
If you are inquiring about the Family Law Act interests, then “on death”, the wife (assuming they were legally married) has the right to remain in the house for 60 days following the date of death. That would not prevent a listing or a sale, just the closing. However, the surviving wife would not be under any obligation to permit showings for 60 days following the date of death.
Brian Madigan LL.B., Broker