In 2006 my dad almost died after he returned from the hospital my stepmother suggested that they get his house put in both there names.My Dad said, thats what's not going to happen that house belongs to me you have your house. That house goes to Anthony (grandson) not to my Prodigal Son! Or you so your munipuliv daughter can sell it! In 2010 my dad died,there was a 60,000 mortgage on his house I toled my stepmother my kids will pay it off she said it's going to them anyways. When the mortgage was just about payed off she's trying to throw my kids out and sell the house
She can only sell the house if she had legal interest- there are too many unknown facts in your question-- your best bet is to go see an experienced estate/probate attorney.
If her name isn't on the title then she can't sell the house. If the house isn't in a trust then it will have to be probated. The first thing you need to do is see how the house is titled, if it is in your dad's name as an individual you will have to go to Probate. If it is in a trust, who is the trustee and who are the beneficaries? It could even have been placed in joint tenancy with your father's children. The deed will be on record at the county recorder. You can go to the county recorder's office and get a copy or you can hire an attorney who will get the Deed. The benefit of the attorney is that he will have some ideas about how to handle the property. There are good probate attorneys on this website under the Find a Lawyer Tab above.
Every thing that I am saying here is my opinion and it is not based on any particular case. My response is just unsupported general information. If it helps you to resolve an issue that's great but do not rely on it as legal advice because it is not based on the facts in your case and it is not based on any specific legal research. Answering this question creates no relationship between the writer and reader of the writing. I am not your attorney now, nor have I been on the past. If you just want to comment please do that on AVVO where the price is $0.00. I do typically respond to all AVVO comments.
If she owns house, she may sell it. Opposit also true.
Several possible defenses based on information provided.
Much more information needed to further opine.
Retain trust counsel, discuss facts, research title, counsel will then be in better position to assess and direct how to proceed.
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