Legal Question in Wills and Trusts in California
My brother and I are co executors of my mother's estate who died over a year age. My brother walked out the day she died claiming he wanted nothing to do with any of my mother's property or in getting my mother's house ready for sale. In a effort to sell the property I have posted a "For Sale By Owner" sign and have got some offers. My brother says we must talk through the attorney so one week ago I e-mailed attorney with the terms of the sale. So far the attorney has yet to even acknowledge my e-mail.
What do I do next the bank is getting ready to foreclose? My mother had a reverse on her home.
2 Answers from Attorneys
Obtain yourself a trust administration attorney ASAP to assist you in the administration of the estate and help you declay foreclosure of the residence which may be in the best interest of the trust. If your brother does not want to participate with you as co trustee, see if you can have attorney assist you in obtaining his resignation so you can expeditiously administer the estate. Otherwise, the attorney may have to petition the probate court to obtain assistance in carrying out the trust provisions. A last alternative, would see if your brother would agree to the appointmet of a bonded private fiduciary to act as trustee to carry out the provisions of the trust and both of you resign.
You need to talk to a lawyer ASAP. You are at risk of losing the house through foreclosure, and it is not at all clear you have the authority to sell the house. If your mother only had a will and not a trust, then you must open a probate to obtain authority to sell the house before a sale can go through.
Someone also needs to contact the company holding the reverse mortgage to see if it will work with you on this matter. This situation can slip out of control if you are not careful and if you don't act quickly.