Sebastopol, CA Estate Planning Law Firms & Lawyers

Sounds like you have a disagreement about strategy for success in the real estate market. Unless you can show that the executor is unreasonable, the executor gets to make these decisions. If you disagree with the executor about what the house can bring, you can buy it and sell it for the difference and keep it for yourself.

Your mother should discuss this proposed transfer with her estate planning lawyer. (None should have one, honest). If she goes forward with this, she will need to file a gift tax return on the transfer probably there will be no tax, but that depends on circumstances. The tax effect to you is that if you inherit the house, on her passing, you get a "stepped up" basis your tax "cost" for the home is the fair market value on the date of your mother's death. However, if she gives you a half interest, then your tax cost on the half given to you is her basis her cost when she bought the home. Basically, if you inherit the home then all the capital gain on the property is forgiven, up to the time of her passing. There are many other options, which should be discussed with a lawyer. Getting your mom's estate plan right is well worth a few hundred dollars of lawyer fees to do the planning.

I am sorry for your loss. Sounds like the asset need to go through probate. You really have no legal right to be there. I suggest that you speak with counsel about opening an intestate succession administration of your mother's estate. If you plan to reside there during the administration, that should be approved by the Court. You should speak with counsel to address next steps and address the possibility that the property may need to be sold. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.