Legal Question in Wills and Trusts in California

Disagreement On Selling House?

If a will says assets are divided equally among children, but provides no other details, what is required to sell house? Can the executor decide to sell the house and split the proceeds? Or do all children have to agree? If they don�t agree (i.e. one wants to keep house while others want to sell), how is the disagreement resolved?


Asked on 2/07/07, 12:40 am

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Disagreement On Selling House?

Unless there's a restriction in the will, the executor can sell the house. If one beneficiary wants to keep the house, it may be wise to offer them the first right of refusal in purchasing it (with a deadline), and then sell it in the open market if that beneficiary can't/won't pay fair market value.

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Answered on 2/07/07, 1:12 pm


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