Legal Question in Civil Litigation in California
My mother passed away November 3,2006 without leaving a will.I had lived on the property and was the sole provider of taking care of her i.e;paying bills ,grocery shopping,doctor's appointments etc.I also oversaw the maintenance of the property and tended to her animals.I did this for fifteen years.
When she passed I obtained the services of a probate lawyer and was named administrator of the estate.Since she had left no money and very few personal assets distributing the estate wasn't an issue.
Well,almost four years later I was informed that my younger sister's father had hired a lawyer for her so that she could make claim to her one third interest in the property.The lawyers asking price was $98,000.00 which was absurd since the property was only valued at about $120.000.00.He has since revised his offer to $39,000.00.
The problem is that I cannot obtain a home loan because I have no viable source of income.I receive $2,200.00 monthly from my grandfather a continuance of what he was giving my mother each month.I also cannot obtain a loan because this is a modular home and in order to secure a loan it is required that the home be on a permanent foundation.The cost for that is approximately $4,000.00 dollars.
Due to a typo in the original description of the property,my Grandfather had to draw up another Quit Claim Deed naming me the proprietor under the title of administer of the estate.
The lawyer,Mr.Robert J. Enos has sent me a letter stating that I had better act fast to settle this or most of the attorney's fees will come out of my respective share.He also sent an appraisers fee of $450.00 dollars,though no appraiser has ever been anywhere near this property,at least not to my knowledge.
Along with that he sent a Notice of motion and motion for summary adjudication for attorney fees.In it he states that I have failed or refused to allow the sale of jointly owned property and is therefore suing for attorney fees. with this is a request for the immediate sale on condition the proceeds will be divided in accordance with parties interests.
I've put in a lot of effort and money in maintaining this property for almost 19 years now.What other recourse do I have?My mother had every intention of leaving this property to me,however we kept delaying having the legal papers drawn up and then my mother came down with Alzheimers disease and it was too late.Is there anything I can do?
1 Answer from Attorneys
At the cost of the estate, you need to go to a probate attorney to determine what can be done. There are several parts of your story that do not make sense. If you mother owned the mobile home, what interest in the home would your grandfather have [none]? How could a probate be opened without the assets being distributed? Why would your sister not be entitled to a share of mobile home? In what case has the attorney filed his motion?
To divide the estate up you will probably have to sell the mobile home; all the work, or at least that before the last several years, you put in to help your mother is not legally recoverable.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
