Legal Question in Wills and Trusts in California

You are putting the cart before the horse. It depends on a great deal of facts that you don't provide. For starters, you do not state whether she left a will, died intestate, or the property as subject to a trust. It is also not clear how title to the home was held prior to her death, ie, joint tenancy with someone else, a tenancy in common, etc.

As Mr. Roach indicates a lot will depend how title to your mother's house was held, on whether or not it was in a trust, and on whether or not a probate will be required for your mother's estate. It will also depend on whether there is agreement on what your sister wants to do, including on the price at which she wants to purchase the house, and how she intends to pay for it. For a number of reasons, it would probably be advisable for either the three of you together (if everyone is in agreement) or you alone, to consult with an attorney.

Please feel free to give me a call if you would like to discuss this further.

Jon Reich

310.478.2541

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