Legal Question in Wills and Trusts in California

Is it allowable to tranfer a real property (home) to only one of five siblings (intestate session-no will) as long as all agree ? California....are there anyspecial requirements by the court other than it is agreed ? possibly 0-20+K equity in the home, which has an existing mortgage to be transferred to the one heir.


Asked on 10/19/10, 11:14 pm

1 Answer from Attorneys
Gary R. White Burton & White

The heirs may make such an agreement, which will be confirmed by the court in the final distribution. The mortgage cannot be transferred. However, the lender may allow an assumption, will accept payments, or there may be a refinance available.

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Answered on 10/25/10, 1:28 pm


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