Legal Question in Real Estate Law in California
selling a house after probate
I have a house I currently rent to my daughter. The house went through probate and now is 1/2 mine and 1/2 my 9 yr. old sons. I want to sell this house to my daughter and need to know how I go about legally doing that.
3 Answers from Attorneys
Re: selling a house after probate
Most likely you'll have to petition the probate court for permission to sell your son's half, if the property is held in a guardianship for him. A probate lawyer can help you with the proper petition and court hearing.
Re: selling a house after probate
Assuming you are the guardian for your son, the process would be handled through the probate court in the relevant jurisdiction. As the procedures may be a bit daunting, you will likely want to obtain legal counsel for this process.
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Re: selling a house after probate
And if you are not the guardian for your son, you will need to be appointed temporary special-purpose guardian (in legalese, guardian ad litem) and obtain an order authorizing the sale through the probate department of your county's superior court.