What to do if my mother passed away leaving 3 heirs to her property?
Question Details: One of the heirs owes money which she is unable to pay back and equals more than what she would receive in her share of the real estate. Does this mean that the property is now divided between the other 2 heirs?
Victor Waid / Law Office Of Victor Waid
Answered 13 hours ago
This attorney is licensed in California
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The estate is entitled to recover the loan to the sister, an estate asset, if there was an actual loan made; the sister could claim a gift. She is still entitled to her share of the estate and could enter an agreement with the executor of the estate, the loan be forgiven in exchange for waiving her right to share in the estate. Thhis arrangement will require court approval.
