Legal Question in Wills and Trusts in California

My 93 year old uncle passed away and left his house to my 87 year old mother. She does not want it . Her name is in his will. She would like to know if she is responsible for the house.

Asked on 3/26/13, 11:19 am

3 Answers from Attorneys

John Palley Meissner, Joseph & Palley, Inc.

Your mom can "disclaim" the house if it's within 9 months of death. That is she basically says she doens't want it. Likely the house fall to her children (you and siblings). However, important to work this through with a probate attorney to verify it. Good luck. -John

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Answered on 3/26/13, 11:21 am

Chris Johnson Christopher B. Johnson, Attorney at Law

I agree with the previous answer, and be sure to know to whom it will go if she disclaims it. She won't be responsible for the maintenance while it's in probate, but if the estate has no cash, the beneficiaries may need to contribute (or take a loan against the house) as a practical matter.

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Answered on 3/26/13, 11:37 am
Charles Perry Law Offices of Charles R. Perry

Your uncle's estate will need to go through probate. Your mother can renounce the inheritance during that process. The will of your uncle will determine who is next in line for the house -- the property would not necessarily pass to you and to your siblings. As such, it is necessary for your mother to make the decision carefully as to what she wants to do.

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Answered on 3/27/13, 1:45 am

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