Legal Question in Real Estate Law in California

realestate

my fiance was left as heir to his fathers home and his siblings were not included. the siblings went into court and became executors. they convinced him he could not keep the home due to lack of credit or employment and the mortgage co. would take over. so they sold home and made him move and convinced him to split money with them. brother offered him to become 2nd owner of his home so they would be splitting the property. 348 riverside dr cloverdale ca. the will clearly stated that the estate that they sold could not be sold for 10 yrs and they sold it anyway. i need to know if that is all legal and what type of proof can we get on being split property owner because there is nothing in writing to show my fiance as joint property owner now. and his brother is claiming that we need to pay 600 per month now on the riverside property that the mortgage is 1200 per month . and also can we sell our share and how. please help i thing we are victims of a scam from the sister and brothers anger of not being part of the fathers will and fathers request being violated


Asked on 1/24/07, 1:59 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: realestate

Do either of you have a copy of the will, or have you seen it? Wills ordinarily specify who is to be the executor, and it would be extremely unlikely for the father to disinherit certain siblings and also make them the executors! Something is fishy here.

I practice real estate and business law in (mostly) Sonoma and Marin Counties. I have a close associate who sometimes assists me in the probate aspects of cases. If you can give me some additional facts, I'll do a little investigating for you at no charge.

Executors sometimes have to be bonded and always have a duty to carry out the office of executor with good faith and integrity, including not taking unfair advantage of an heir in their dealings with the estate.

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Answered on 1/27/07, 5:07 pm
Anthony Roach Law Office of Anthony A. Roach

Re: realestate

This question is more in the arena of probate, since you discuss wills, settlements, etc. I know from my limited experience in probate that the heirs can settle an estate along lines that differ from the dictates of a will, provided that they all consent. If I were you, I would repost this question in the probate area, to have probate attorneys answer this.

Very truly yours,

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Answered on 1/24/07, 2:10 pm


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