Legal Question in Real Estate Law in California

sell of property by other prerson

i live in washington. my father died in california.all he had was a trailer he was living in the manager of park who was a friend of his is offering to sell the trailer for me an send money.i have two small children an a job,it would be a hardship to go down there.i really dont know this person that well.how do i go about this?


Asked on 11/28/01, 9:26 am

4 Answers from Attorneys

Robert Restivo Restivo Law Firm

Re: sell of property by other prerson

You're best bet is probably to get a local real estate agent who does mobile home sales to handle it for you. Check an online yellow pages. It should be pretty easy to find.

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Answered on 11/28/01, 9:44 am
Joel Selik www.SelikLaw.com

Re: sell of property by other prerson

If they are allowed to do it, a power of attorney to sell, specifically stating payment is to be sent to you, or use an escrow company or attorney for the money.

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Answered on 11/28/01, 9:52 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: sell of property by other prerson

In addition to the advice you've already received, I would like to point out a couple of other issues. Since the property in California belonged to your now-deceased father, questions of probate and inheritance laws arise. You aren't necessarily the heir and even if you are you don't necessarily have an immediate right to deal with the inherited property.

California has a simplified procedure for handling the probate of estates of less than $20,000. See Probate Code sections 6600 et seq. and 13000 et seq. probably on-line is your best bet but county law libraries in Washington will probably have California codes. Ask at your nearest courthouse.

I am not a wills and estates lawyer so I can't give you detailed advice but your right to deal with the mobile home as your own is unclear and unless your father was unmarried when he died and you are his only surviving child, your right to the property is in doubt. Further, if he left a will or there is a trust, those instruments will govern your rights.

Sorry to have to raise these possible complications but you might as well face them now than find out about them later.

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Answered on 11/28/01, 3:43 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: sell of property by other prerson

I do probate work, so if you need help in that area, please call me. You may not have the right to sell the mobile home or to retain any of the profits.

If you need a real estate agent, I can help you there, too. My wife is a real estate agent, and can refer you to a good agent in the area that the mobile home is for sale. This way, you are protected.

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Answered on 11/28/01, 8:39 pm


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