Probate - Spouse Still in Home also on Title

3 Replies

@Sharon Vornholt  @Rick H. @Mark Pedroza   I'm finding a lot of properties where the spouse has died and the other spouse still lives in the house. What do you do in that case? I don't want to assume they will still live there, but they probably will, especially if they have been there since the 70s, 80s, 90s etc...

Also, what happens if both the husband and wife are on the title (or two people and one is the PR)? Are there some cases where they still may have to sell? If so, how do I go about finding that out?

Should I just send them letters anyway? Or should I keep it as a later lead?

What do you all do?


What you are talking about is a numbers game. Some of the surviving spouses will want to stay, some will want to move. You will not be able to predict who is who, and the answer will change over time. So if mailing to this demographic is part of your strategy, just do it and know that only a fraction are going to respond.

Once in awhile you'll come across Transfer-On-Death-Deeds @Renee Harris . These are basically deeds that state who the property will pass to upon the death of the owner.

But in answering your question when there's a spouse living in the subject property (they may have held title as Joint Tenants) re-check the Notice of Petition and if there are other heirs/beneficiary's send your letter to them regarding the property.

It's sort of like going through the back door if you will. Or yes, keep it as a later lead.