Oceanside, CA asked in Probate for California

Q: California probate

Sister died and now my 2 brothers and I are involved in her probate. One brother wants to continue to live in her house and sell it down the road instead of selling it now and splitting the proceeds. I want to sell it now. Will the probate judge decide which? Can probate close and settle if we don't sell it now? Currently he is living there for free and wants to continue. Thanks

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2 Lawyer Answers
John B. Palley
John B. Palley
Answered
  • Probate Lawyer
  • Roseville, CA
  • Licensed in California

A: Normally cash is needed to close (end) probate. That is cash for attorney fees, executor fees, court costs. So probate can't close without selling the house unless someone puts in cash. I would come up with a distribution agreement and have everybody sign off. Good luck.

Nina Whitehurst agrees with this answer

David Ostrove
David Ostrove
PREMIUM
Answered
  • Estate Planning Lawyer
  • Los Angeles, CA
  • Licensed in California

A: If sister left all of you the house you all own it equally as of the instant of sister's death. Yes, probate court judge will sort it out, if you guys cannot agree.

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