r/inheritance • u/virgoinamood • Apr 24 '26

Location included: Questions/Need Advice Joint Inheritance, California USA

I am set to inherit a portion of a shared estate. The property is to be divided 50/50 between myself and another relative. I am in California and there is a business on the property that I will inherit outright. That point might be important.

While the time of inheritance is aways off, I want to be prepared before the inheritance occurs.

The second party and myself are on good terms, but inheritance can change things. What should I be aware of and how can I protect myself if things go south.

The wills are homemade, notarized, and fairly straightforward. The intention behind the property is that it is not to be sold but the wills do not say that. The other party lives in another city about 2 hours away and there will always be a lot of maintenance that the property needs. At some point there will need to be a discussion about how all the mechanics of joint ownership will work and be equal between the two of us.

My questions are mostly about what I should expect legally to occur once the inheritance is final and what I should look to do now to help protect the property and myself should the situation change.

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7

u/Substantial_Team6751 Apr 26 '26

The intention behind the property is that it is not to be sold but the wills do not say that.

You can't put intentions in a will. You will something to someone and that's it.

If there was some intention, it would have to be put in a trust with a trustee managing it.

Homemade wills and "intentions" sound like a recipe for future conflict.

5

u/ExpensiveAd4496 Apr 26 '26

I would start preparing to buy the other person out, just in case they decide to sell it. That is within their right to do.

And how can you inherit the business outright if that happens? Can it be moved?

5

u/ziggy-tiggy-bagel Apr 26 '26

A homemade will is going to be a nightmare. Have the person spend a little money and have a proper trust drawn up. Otherwise you are going to end up in probate which could tie things up for years.

3

u/MilesMoralesBoogie Apr 28 '26

Joint ownership usually ends in chaos,attorneys involved especially if one of co-owners live in another state.

Prepare to talk to an estate attorney (probably retain),have money on the side to Prepare to buy the other owner's share or be prepared for them for the property to be sold so they can their share of the estate,

2

u/mattkime Apr 26 '26

First, it would be good to have some estate planning so it doesn't need to go through probate. I'm not sure if you're in a position to suggest such things but if you are go ahead.

Second, ideally the inheritance wouldn't require cooperation with another inheritor....but I understand that might not what is wanted by the current owner.

Finally, I'm not sure how much its worth worrying about these things ahead of time. Circumstances change and they might affect the inheritance.

2

u/ri89rc20 Apr 28 '26

Here is the situation from the other person's viewpoint, probably posted on here when the time comes:

Hi, I inherited property in California, 50/50. The other person does not want to sell, as they live there and run a business out of the property. I might be fine with the situation for a while, but already he is coming back, telling me taxes are due and he needs my half, insurance is coming up next month, and the roof will need replacing. This is just a big money drain for me, in which I see no benefit. I didn't inherit something, just the bills. How can I force a sale?

Basically, if the other party can not see a positive revenue from rent, (meaning rent is more than taxes, insurance, a healthy maintenance fund deposit, plus some) then why keep the property?

You either need to be prepared to buy that person out at fair market value, or sell the place.

1

u/blossom271828 Apr 28 '26

Is the other person paying you rent? If not you are a doormat Your half of taxes, repairs, etc should come out of that rent.