Legal Question in Wills and Trusts in California
My father is a resident of NY. He owned property in CA. The county records indicate that he was the owner with owner vesting of Husband/ Wife. Does the wife have to sell in order to satisfy the debts and bequests of the will? How do I find out the procedure to object to the sale if I think the price is too low?
2 Answers from Attorneys
If title was taken as joint tenants, then she survived to her husbands share of the property, and takes free and clear of any directives of payment in the will. Both the joint tenancy title and the will depend on the event of death to come into play;, but the court looks at such a situation, as a first in time is first in right, and the joint tneancy is first in time. Wife does not have to sell the property to satisfy any debts left by the husband, unless the debts were obtained on behalf of the community relationship. then she may have to negotiate with the creditors who demand payment.
Much more specific information as to the present form of title is required. Husband/wife with no other language s presumably community and there are several ways to go about transfer. Victor discusses only the impact of joint tenancy, and other alternatives may apply. Seek estate counsel to determine what is to be done. By the way, is "wife" alive? If not you have other problems