Legal Question in Wills and Trusts in California
Co-Heirs Rights to Dad's House
My father died recently. He owned a house in California. Dad left a will saying my 3 sisters and I are to inherit it ''share and share alike''. One of my sisters is living in the house, but she refuses to pay us rent or to help pay the mortgage. The rest of us want to sell the house. Can we force her to pay the mortgage or to pay rent? She says a lawyer told her she doesn't have to - is that true? That doesn't seem fair!
1 Answer from Attorneys
Re: Co-Heirs Rights to Dad's House
It is true that she does not have to pay rent, since she whould be considered a co-owner. I am assuming that the house is still in your fathers name, which means that you will most likely need to go through the probate process to clear title and sell the house.
One person cannot block the sale of the house, and if she does, you can sue in a "partition" action and force the sale.
Finally, if you do have to go through probate, it is still the estate's responsibility to pay the mortgage. If any of you pay the mortgage, you will be entitled to full reimbursement from the estate.
Let me know if you need help in this matter.
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