Legal Question in Wills and Trusts in California

I require more information to give you a specific answer. You do not say the house is held in a trust so I assume there is no trust. Does the will name an executor of your mother-in-laws estate? The executor named in the will have to petition the court to name them as the executor and it normally takes aroung 45 to 70 days to get a hearing date for the court to appoint the executor. Once an executor or administrator is named, they can move as quickly or as slowly as they want to sell the house or allow you to buy their half share. The executor can request that the house be retitled in both your names as joint tenants and allow you to remain and charge you rent (half the fair market value). Another consideration is whether the executor is granted full or limited power to act by the court. If they have full powers they can begin the sales process almost immediately after being named executor by the court. If they have limited powers, they have to publish an notice of intent to sell and when they have a buyer, a notice of sale. Then the court sets a hearing to consider overbids. You have several options and it depends on how the executor wants to proceed. Talk to the brother and see what you can work out.