Legal Question in Wills and Trusts in California
Can an heir force the sale of property when others do not want to sell?
Grandmother passed away. Total estate net worth is 964,040. This includeds a house for 547,000. The Son gets 361,500. Daughter gets 361,500, her children both get 120,500 which is in a trust until they are 25. So the Daughter's family has 602,500. They want to keep the house and give the Son the liquid assets in return keeping everything in proportion but the Son wants to sell the house and does not understand this situation (simple minded) and is afraid of getting ''screwed'' by the Daughter. Can he with a minority stake in the estate force the sale of the home? What would be the Daughter's legal recourse be if he attempts to or does?
2 Answers from Attorneys
Re: Can an heir force the sale of property when others do not want to sell?
It depends. If the parties cannot resolve their differences, then the court may decide a sale is the best way to go. The son should find his own attorney who can help him with these issues.
Re: Can an heir force the sale of property when others do not want to sell?
Who is the executor?
If the house was not specifically gifted to any person, the executor shall decide the best way to divide or assign the assets. Get an appraisal, list the house, take some offers. Then you should all be comfortable with the value.
Go from there.
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