QUESTION

I'm the Executor/Only Heir in dads Will,Can I give the house to my sister in the Probate Petition for Final Distribution?

Asked on Jun 27th, 2016 on Wills and Probate - California
More details to this question:
I have a simple Probate in California that I opened myself. I am on phase 3 "the closing". I am the executor/only heir in my dads will. He has 2 children. I can only guess he left everything to me bcuz my sis already has a house. My dad has a reverse mortgage 235K, home value 441K, bank started foreclosure,my sis will get a new loan to pay off Reverse. I am moving out of state so no desire for the house at this time in my life. I have a few questions to complete this task so we can save the house. 1)Can I request in probate final report to give her 100% title to home? If so, what is the fastest way to do this? Would I need to explain why I am not following the will? 2) Also, since I'm the only heir do I have to submit waiver of accounting? 3) Can you email me an example of a completed Calif. Final Accounting? It's a bummer Los Angeles County is the only court without a form for closing probates. I appreciate all of your help..
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1 ANSWER

Estate Litigation Attorney serving Redlands, CA at Price Law Firm, APC
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Without reading the will, it's difficult to answer your questions.  If you disclaim your interest, then you will be treated as having predeceased your father, and you will have to check the will to see what happens.  You can distribute the house to yourself and then gift it to your sister.
Answered on Jul 13th, 2016 at 7:24 AM

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