Legal Question in Wills and Trusts in California
Heir won't sell and split inheritance
My father left a will explaining how he wanted his real estate property sold and the money divided between his four children. Just before he died in 1999 he signed this property over to one daughter (supposedly to avoid inheritance taxes for his children) telling her and the others to carry out his wishes in the will. This daughter refuses to sell the property. Since it is in her name, is there no way to force her to sell and divide it?
1 Answer from Attorneys
Re: Heir won't sell and split inheritance
this depends upon the facts and circumstances of the transfer, as well as the relevant documents. if your father was not of sound mind, was incapacitated, was under duress, or was misled, it is possible the transfer could be challenged. you need to consult an attorney as soon as possible.