Legal Question in Real Estate Law in California

my mother passed away a 5 years ago and everything was to be divided equally according to her will , my brother and sister were in charge of selling the house , the house was sold and closed 10 days ago but i have yet to receive my portion when should i expect to receive my portion.(i am not on speaking terms with my siblings but they know where i live)


Asked on 10/27/12, 9:56 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Several possible steps are suggested by the facts given:

1. If an attorney was involved in the probate of the will, contact him or her.

2. Do some research into the selling process, and find out who handled the escrow. Contact the escrow firm, identifying yourself as an heir. See whether the escrow instructions properly indicated how the proceeds were to be divided.

3. Go to the court where the probate proceeding was oopened, and review the file.

4. Have an intermediary contact your siblings on your behalf to ask necessary questions.

5. Contact the agent(s) and broker(s) involved in the sale of the house.

6. Finally, and probably the most effective step you can take, hire your own attorney with experience in probate matters to assist you.

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Answered on 10/27/12, 10:56 am


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