Legal Question in Wills and Trusts in California
Probate/Executors Rights
My friend's mother passed away and left her estate (including a free and clear house) to my friend and her 3 siblings. One of the siblings is the executor. My friend and one other sibling doesn't want the house. Can the sibling that is the executor refinance the house to buy the 2 out that don't want it? Or would the house have to be sold? Also, Medi-cal has submitted a claim for a large amount of money. There is not enough money in the estate to pay the bill. Does the house have to be sold in order to pay this bill or is there a way for the executor to hold on to the house and pay it another way? The executor does not want to sell the house. Thanks.
2 Answers from Attorneys
Re: Probate/Executors Rights
your friend should retain an attorney for advise. the medi-cal claim may be valid against the estate, but without a review of all documents and more factual information the questions cannot be fully and completely answered.
Re: Probate/Executors Rights
The answer to the first question is yes, but the price the executor pays has to be its fair market value so that there is no loss to the other beneficiaries. The answer to the second question is that the Medi-Cal lien was avoidable and the house could have been protected. But, its too late now. The lien will have to be paid.
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