Legal Question in Wills and Trusts in California

father died, spouse predeceased him. He has a will which gifts to me, his daughter the equity of his house if sold. The will does not state I have authority to sell. Do I have authority as next of kin to sell his house?

Asked on 11/15/17, 9:39 am

2 Answers from Attorneys

Aaron Feldman Feldman Law Group

Unfortunately, unless he created a Trust the only way to sell the house is through a Probate. I advise you to use an attorney to handle the Probate process. Obviously there are fees and costs in doing so, but navigating the Probate process is not easy and the time you will save knowing things are being done right is well worth it.

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Answered on 11/15/17, 9:53 am
Kai Wessels, Esq. Wessels Law Firm

Based upon your reference to your father having a will, someone will have to go through the court probate process. During probate, the named executor can request that the house be sold provided that the will does not restrict such sale. I strongly suggest that you contact an attorney, such as me, to advise you further. Good luck.


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Answered on 11/15/17, 10:09 am

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