Legal Question in Real Estate Law in California

If my home is sold in a "forced sale" due to my mother dying intestate, once the home is sold, how long do I have to move out of the home?


Asked on 6/22/12, 9:14 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

I don't understand why the home is a forced sale simply because your mother died intestate. Dying intestate simply means a person died without a will. It doesn't necessarily mean no one inherits her property.

If this has gone through probate, and the probate court has ordered or allowed the sale to pay estate bills, then you will have to comply with the terms of the court order. If a new owner has purchased and this property has been foreclosed on, you will be given a three (3) day notice to quit, and then unlawful detainer proceedings (eviction) will most likely be filed.

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Answered on 6/22/12, 9:22 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

To follow up on Mr. Roach's answer, I'd suggest you do the following (1) learn as much as possible about any probate or foreclosure proceeding that is "forcing" or has "forced" a sale, to figure out why such a sale was necessary and, more particularly, what has happened to the proceeds of sale, part of which may belong to you; and (2) determine who the buyer was, and contact the buyer, who may want to rent to you (for example).

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Answered on 6/22/12, 9:44 am


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