Legal Question in Real Estate Law in California
My mother passed away without a will or a living trust. She really had no assets so we didn't go to probate court. She had a condo that still held a mortgage, and is worth more than is owed. My brother is trying to sell it without my knowledge. what steps can i take to ensure that I will get my legal share of the differense between what it sells for and what is owed
2 Answers from Attorneys
You should retain an attorney to see how title is held. your rights to the property may depend upon that. After the attorney looks at the title you can then be advised as to what rights if any you have. My office number is 818 345 0123 or if you would like to talk over the weekend you can e mail me [email protected]
A condo that is worth more than is owed is an asset........so is a condo that is worth less than is owed. I think it was a mistake not to have gone into probate. However, that's common and not serious. At this point I'd follow Mr. Laurie's advice to consult a lawyer with estates experience, and also have the lawyer check as to whether your brother has been to court and perhaps gotten himself appointed as administrator.
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