Legal Question in Wills and Trusts in California

Re: Do I have to sell the house?approximately 48 to kickoff...

You have very good question but really should be answered by your own attorney. If you are the executor of the state, and there is a will it must be probated. That is overseen by the court so that the proper distributions can be made. My advice immediately would be yet an attorney who knows estates to aid you in your responsibilities and duties. If the whale is written as I presume based upon your description, the specific beneficiaries must be paid first before all the rest. If the house is given to the individual in a clause called the residual or a clause then yes, you would have to sell the house first. If this is a will whereby all three are specific beneficiaries I would suggest you going to court to have the court may kid determination and guide you as to what you should do. The attorney should not cost you anything as all of the fees should come out of the estate. If you wish to contact me I am in Northern California in the San Francisco Bay Area at 925 -- 945 -- 6000.

Re: Do I have to sell the house?approximately 48 to kickoff...

No.

Re: Do I have to sell the house?approximately 48 to kickoff...

The answer depends on how the will is written. If the will specifically gives you the house (rather than something like "the rest of my estate to X"), you have a better chance of taking the house without paying the others.

Probate Code section 21402 covers the subject, called "abatement." Property abates in the following order: residuary devises, general gifts to nonrelatives, general gifts to relatives, specific gifts to nonrelatives, and then specific gifts to relatives.