Legal Question in Wills and Trusts in California

Aftermath of Probate
I reside in California and have just gone thru a probate for my mother's estate, where my brother was acting as the administrator. The only real property to distribute is her home, which is to be divided in equal shares (1/3 each) for myself, my brother and my sister. My sister and I do not want to keep the home. I understand that we are entitled to the current market value of the home at the time of the probate's conclusion. However, my brother actions have been less than honorable in my opinion. He has already delayed the probate process (3 years to complete). Furthermore, he may not be in a hurry to distribute the value of the estate (house) since he cannot afford to purchase me and my sister's share in the residence and would not want to sell the house to an outside party either. My 2 questions are: 1.) From the time that probate is completed, is there any timeframe for which the estate has to be distributed? and 2.) If there is no timeframe, what recourse do I have to force my brother (administrator) to remit our portion of the estate? Would I be allowed to file a ''petition for order confirming sale of real property'' form to accomplish this? Are there any additional forms I would require?

Asked on 10/05/01, 4:19 pm

Ken Koury Kenneth P. Koury, Esq.

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Re: Aftermath of Probate

sounds like you need to file a petition to remove him as administrator.

Answered on 11/23/01, 2:48 am

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