Legal Question in Real Estate Law in California

Re: Sale of house in will

Without denigrating the need to use a lawyer for the estate-administration aspects of this matter (if any - the property may have been in a living or testamentary trust), I would respectfully point out that in California, unlike many eastern states, sale of real estate is usually handled by escrow or title companies, and lawyers are not used in routine closings.

The escrow company will prepare the necessary documents, advise the parties on issues that arise in the proposed transaction, and determine what liens (taxes, mortgages, etc.) must be paid from the gross proceeds before any money is distributed to the sellers.

While I recommend using an attorney to review the handling of the estate and to determine whether the property is legally ready for sale, unless there are unusual factors the attorney's role in the actual sale transactions is probably small, or nil.

Re: Sale of house in will

You don't say where the house is, FLA or CA. In either case, hire a lawyer to handle the paperwork, contracts, review of title, solving title problems, taking care of disclosures, etc.

It the property is in CA we are happy to assist. If in FL, then we can help you find a competent lawyer. The sale of a house is about as large and important as a business transaction that anyone ever has in their life. It should not be attempted without competent legal counsel.

Re: Sale of house in will

I agree with all of the previous answers. Hopefully, the property has gone through probate, and title has been transfered to your wife and her sister. If not, you may run into a problem, and still need to go through probate.

If in Northern California, feel free to call me. I handle probate, real estate transactions and am a licensed RE Broker as well as attorney.

925-924-0100

Re: Sale of house in will

It seems that the property is in California. Seek the advice of Ca. counsel.

Re: Sale of house in will

They need an attorney to oversee the preparation of the correct papers. Outstanding liens must be satisfied from the proceeds.

Re: Sale of house in will

The first question is if the transfer of the house is in probate, or if the estate has already been administered.

Assuming the estate is wrapped up and the sale is after the administration of the estate, the buyer and seller need to comply with many, many statutory requirements in the sale. Do not do this without a licensed realtor or an attorney who is very familiar with residential sale transactions. My office can assist, as I am a licensed broker as well as attorney, or I can refer you to a good realtor. Because you already have the buyer, the traditional commission would be lower than normal. Please to not do this on your own -- I've litigated too many bad transactions after the fact.

Re: Sale of house in will

Is there a probate open in California? If not, you'll probably need to open that first to sell the house. It can be sold while the probate's open, so there won't be too much of a delay, but in order for title to pass, the title company will need to see the deed signed by the executor.

If both sisters are in agreement, you may be able to have the probate court approve the sale right away through an ex parte action.

Regarding the mechanics of the sale, I'd recommend an attorney help with the sale contracts and related papers as well, so that the sale won't be questioned later.

The bottom line is that you should see a probate lawyer in the county where the property is located (or where your mother-in-law lived) to see what's required.