Legal Question in Wills and Trusts in California

My father made a codicil to his will/trust allowing my sister to live in his house indefinitely after he dies. She will be responsible for all taxes, bills, etc. We are both the beneficiaries, I am the executor and have power of attorney. How do I divide the estate when my sister is living in the house. It will be deeded to both of us and she will control what happens to the house.

Asked on 8/26/13, 6:47 pm

3 Answers from Attorneys

Jennifer Rouse Meissner Joseph & Palley

If your father is deceased then the power of attorney is no longer effective. Does the will or trust provide that the house is held in trust for your sister or does it distribute it to her with a life estate? You should contact an attorney to review all the documents to properly advise you.

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Answered on 8/26/13, 7:09 pm

William Christian Rodi Pollock

It is not posible to answer your question without having the ability to review the documents creating and describing the rights described.

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Answered on 8/27/13, 9:43 am
Scott Jordan Dunning Law Firm

The above responses are absolutely correct. Also, if your father only left a will, you may have to probate the house before any changes in title can be recorded.

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Answered on 8/27/13, 10:53 am

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