Inheritance law on home equity?

Questioner

In his will, my deceased father disinherited my stepmother and my brother and I are the only heirs. There are still prenuptial agreements in which it is determined that she receives half of the surplus value of the house when it is sold. The house was therefore left to my brother and I. Are we legally obliged to sell the house? Or can we also rent the house? If so, is my stepmother entitled to half of the rental income?

Lawyer

In order to answer your question properly, I need to consult the will and the marriage contract. Did your father and stepmother still live together in the house? Was she disinherited but did she perhaps receive a usufruct on the house? Did she perhaps need this house for her housing? Assuming that they still lived together, the widow has at least a temporary right of residence and if she needs it, she has a usufruct on the house and its contents. For the time being, you cannot rent or sell. Ask the notary about the situation.