Legal Question in Wills and Trusts in California

Re: Inheritance

Without language stating this in the will, you probably will not receive the equivalent in assets equaling the sales price of the home. You would be entitled to any balance of the purchase price owed by a buyer or insurance proceeds from such property.

Re: Inheritance

this can be a tricky issue. if the home bequested to you is deemed a "specific gift" then you may have no rights to the proceeds of the home sale since the home itself would no longer be in existence. the language of the will and your sister's testamentary intent will be controlling. if your sister is still alive, you may want to make sure the language in the will is clear-cut in regards to the home and/or the proceeds going to you upon her passing. if you would like further assistance in interpreting the language of the will itself or having your sister amend the will to ensure you would be entitled to the home sale proceeds, feel free to email my office today and we would be more than happy to assist you and/or your sister. we definitely would not like to see you lose your interest in this home or proceeds on a mere legal technicality.