Legal Question in Real Estate Law in California
My minor half-brother's grandmother owned the house he and our father lived in; grandmother is now deceased, leaving no will. My father now resides in assisted living, my minor brother is in foster care. Having power of attorney for my father, can I sell the house for my younger half-brother to pay back-dated taxes and set-up a trust fund?
2 Answers from Attorneys
What a mess. If your grandmothers name is on the title you need to probate the asset to transfer it to her heirs at law as determined under California law. Once title is transferred to the appropriate people ( we won't know who that is withour a family tree) you then need to determine how to implement the appropriate title transfers by the legal owners. At this time, your father does not have title to transfer.
Please see a good estate administration attorney to help you straighten this out. This is not a "do it yourself" problem.
Seriously, having to ask the question makes it clear you need help from experienced counsel. None of this is action you can do without knowing how to do so 'legally'. Hire local probate counsel to help you. Contact the local Lawyer Referral Service for names of attorneys if you can't find one yourself.
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