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  #5  
Old 10-23-2003, 09:00 AM
S. L. Richardson
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Default Re: Do I have to sell the house?

Get to a California probate lawyer. Now. Not later. Now.

Jason

Attorney, CPA
Sherman, Texas


I am not your lawyer, nor am I your accountant, etc...

"BMS" <mcfared[at]comcast.net> wrote in message
news:MPijb.476480$2x.193687[at]rwcrnsc52.ops.asp.att.net...
- quote -

> What is the relationship to everybody? A little more detail is required.
> "CWB" <curtbaker[at]comcast.net> wrote in message
> news:2ecfef34.0310150559.28f86fd4[at]posting.google.com...
> > I am an executor of a California will in which:
> > > A is bequeathed $10,000
> > > B is bequeathed $10,000
> > > C is bequeathed a mortage free house.
> > > After estate taxes there is no money left to pay A or B.
> > > Do I have to sell the house to satisfy the bequeathment to A & B?
> > > Thanks,

> > Curt Baker

  #4  
Old 10-16-2003, 10:32 PM
HW \Skip\ Weldon
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Default Re: Do I have to sell the house?

On Wed, 15 Oct 2003 09:07:45 CST, curtbaker[at]comcast.net (CWB) wrote:

- quote -

> I am an executor of a California will in which:
> A is bequeathed $10,000
> B is bequeathed $10,000
> C is bequeathed a mortage free house.
> After estate taxes there is no money left to pay A or B.
> Do I have to sell the house to satisfy the bequeathment to A & B?


Unless you can luck up and get a CA lawyer to answer you here
(doubtful with limited info), you're going to have to ask one in CA.

If this were in my State, and based strictly on what you have said,
A&B would be out of luck. That's one of the problems of bequeathing
specific assets instead of percentages. At least, it's a problem to
A&B. <grin

-HW "Skip" Weldon
Columbia, SC

  #3  
Old 10-16-2003, 07:28 PM
CWB
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Default Re: Do I have to sell the house?

- quote -

> > What about a home equity loan? With a mortgage free house, it must
be possible to get a loan of some sort to pay off A and B.<<

Then C would not receive a mortage free house.

What I'm trying to find out is the California law regarding this
situation.

Since there is no money left are A & B simply out of luck or does the
house have to be sold and all three parties share the loss equally?

Thanks,
Curt

  #2  
Old 10-16-2003, 10:00 AM
Alex Gowes
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Default Re: Do I have to sell the house?

"BMS" <mcfared[at]comcast.net> wrote in message news:<MPijb.476480$2x.193687[at]rwcrnsc52.ops.asp.att.net> ...
- quote -

> What is the relationship to everybody? A little more detail is required.
> "CWB" <curtbaker[at]comcast.net> wrote in message
> news:2ecfef34.0310150559.28f86fd4[at]posting.google.com...
> > I am an executor of a California will in which:
> > > A is bequeathed $10,000
> > > B is bequeathed $10,000
> > > C is bequeathed a mortage free house.
> > > After estate taxes there is no money left to pay A or B.
> > > Do I have to sell the house to satisfy the bequeathment to A & B?
> > > Thanks,

> > Curt Baker

What about a home equity loan? With a mortgage free house, it must be
possible to get a loan of some sort to pay off A and B.

  #1  
Old 10-16-2003, 10:00 AM
CWB
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Posts: n/a
Default Re: Do I have to sell the house?

- quote -

> > What is the relationship to everybody? A little more detail is required.<<

A is a nephew.

B is a nephew

C is the daughter

Thanks,
Curt

 
Old 10-15-2003, 11:55 PM
BMS
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Posts: n/a
Default Re: Do I have to sell the house?

What is the relationship to everybody? A little more detail is required.

"CWB" <curtbaker[at]comcast.net> wrote in message
news:2ecfef34.0310150559.28f86fd4[at]posting.google.com...
- quote -

> I am an executor of a California will in which:
> A is bequeathed $10,000
> B is bequeathed $10,000
> C is bequeathed a mortage free house.
> After estate taxes there is no money left to pay A or B.
> Do I have to sell the house to satisfy the bequeathment to A & B?
> Thanks,
> Curt Baker


  #-1  
Old 10-15-2003, 02:10 PM
CWB
Guest
 
Posts: n/a
Default Do I have to sell the house?

I am an executor of a California will in which:

A is bequeathed $10,000

B is bequeathed $10,000

C is bequeathed a mortage free house.

After estate taxes there is no money left to pay A or B.

Do I have to sell the house to satisfy the bequeathment to A & B?

Thanks,
Curt Baker

 

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