Legal Question in Wills and Trusts in California

there are specific procedures required for the sale of real property by an executor. you should consult a qualified attorney to represent you and determine whether or not your brother is acting properly under california law.

see california probate code sections 10000 - 10382 and 10510 - 10520.

Depending on the the extent of the powers that the Court has given your brother as executor, there are express powers that he has to follow in selling the house. Among other things, you can object to any proposed sale at the time it come up for approval (or, in some cases and depending on the facts, before that). If you have someone who is willing to pay more, they can also bid at the confirmation hearing.

My best advice is for you to contact an attorney who, as I do, specializes in probate and trust matters in you area for specific advice regarding your situation.

Good luck.

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