In some cases, the executor can sell the house without getting the sign-off from all the heirs. For example, in California, if the executor can sell the property for at least 90 percent of its appraised value, they may have the authority to move forward with the sale.
If you inherit a house and face a challenge from a sibling regarding the inheritance, it's recommended to seek legal counsel. Resolving such disputes often involves legal procedures, negotiation, or mediation.
However, under California law, if the siblings can't agree and any of the siblings want to sell the house they inherited, they can use a legal proceeding known as a “partition action” to force the sale.
Start planning a loved one's estate early to allow more options for managing assets, considering strategies like life insurance, and resolving disagreements. If your family can't settle things, consider hiring a professional mediator to help resolve the dispute without going to court.
Can I sue my sister for stealing my inheritance? In California, if you have evidence that your inheritance was stolen, you can seek legal recourse. A probate lawyer can assist in filing a restitution order.
The probate court plays a crucial role in resolving disputes where heirs cannot agree. If an heir challenges the executor's decision to sell, the court evaluates whether the sale aligns with the fiduciary duty to manage the estate wisely and fairly.
If one sibling is living in an inherited property and refuses to sell, a partition action can potentially be brought by the other siblings or co-owners of the property in order to force the sale of the property. In general, no one can be forced to own property they don't want, but they can be forced to sell.
The straightforward answer is no, and there is no specific time limit on selling an inherited property. However, certain factors will influence the timeline of the sale process. Understanding these nuances is key to ensuring a smooth and compliant sale.
If your brother cheated you out of your inheritance, the courts will first remove him from the executor role then compel him to pay back stolen assets. The courts may also force your brother to pay your lawyer fees for the case. Additionally, your brother may be criminally prosecuted.
A partition suit can be filed, which may result in a court order to sell the property and divide the proceeds among the co-owners.
Trustees can ordinarily sell assets without beneficiary consent per California Probate Law, but we advise seeking approval and acquiring an agreement. Transparency and communication with beneficiaries are vital, as are documenting sales and getting agreements in writing.
In California, a co-owner of an inherited property can force a sale of that property by taking legal action against siblings with a lawsuit called a partition action, a legal proceeding that can result in the court ordering the sale of the property and the division of the profits among siblings.
Inheritance hijacking can be simply defined as inheritance theft — when a person steals what was intended to be left to another party. This phenomenon can manifest in a variety of ways, including the following: Someone exerts undue influence over a person and convinces them to name them an heir.
California is a community property state, meaning that half of the assets acquired during a marriage automatically belong to the spouse. As a result, you cannot disinherit a spouse entirely, as they are entitled to their share of the community property.
You should consider consulting with a trust litigation attorney the moment you suspect a brother or sister is stealing your inheritance or assets from the estate. The sooner you engage counsel, the sooner they can open communications with the suspected sibling and/or their attorney to address the theft.
While executors have discretion in some areas, your core decision-making is bounded by: The deceased's will. You must follow their distribution wishes rather than diverging based on your own judgments.
The short answer is yes, but for siblings to sue one another for their inheritances, there must be a valid reason. In other words, there should be a legitimate estate dispute between siblings.
The short answer is yes – a partition action can be commenced by any co-owner with an interest in the property. This includes those with even a small fractional interest in the property. Being a majority owner of a property is not a prerequisite to forcing the sale of the jointly owned property.