Legal Question in Wills and Trusts in California
majority rule after mother dies
There are 7 of us, mom died. She had verbally told us that one sister is to have the house, but noting in writing, now a 2nd sibling wants it. 5 agree it should go to sister #1. Majority rule or not?
3 Answers from Attorneys
Re: majority rule after mother dies
No. Each of you inherit 1/7th of the house. Anyone who wants can gift their interest to anyone they want, but each as their own right to choose.
The house will have to go through probate, together with any other assets of mom. Get a lawyer and file probated to resolve this and all other issues.
Re: majority rule after mother dies
I am sorry to hear of your loss. As your mom died without a written will, it goes to all her children in equal shares. What the children do with their shares is up to them. Contact me directly.
Re: majority rule after mother dies
Even if you all agree, it has to go to probate court. Lesson: Consult an estate planning attorney so YOUR kids don't have the hassle and expense that you'll have.
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