Legal Question in Wills and Trusts in California

Re: someone is contesting probate

Yours is not a unique situation. If everyone signed the agreement and it was in escrow when your brother died the agreement most probably should be binding upon his children. The biggest problem of course you have is the one you admits in the question, that being that it is below market value. And that is a sizable potential problem. If the property were FMV there should be no problem. If I were you I would get ahold of a very good real estate/litigation stash probate attorney, tell him/her the situation and rely upon it with their expertise and ability. This could go either way and because you have not told me any more facts and you have I just wish you very good luck without telling you in any manner what your chances maybe.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.

Re: someone is contesting probate

The protesting heir can go into court when you file your motion to sell the house and contest the price. You will have had the house appraised by a probate appraiser who ordinarily give a low value to real estate in order to expedite the sale. You will put the house on the market and you will have the right to bid on the house. All this must be done in the context of a probate or independent administrator proceeding.

Re: someone is contesting probate

The matter may be reolved informally, if that is not successful, you have legal options. Who is the executor? Call me directly at (619) 222-3504.