Legal Question in Wills and Trusts in California
My father in law passed away in 200.. - no will. There are several propertries involved. Two houses in the name of my father in law and mother in law. (ca) One property parcel (california) One property with no clear title even though he did pay the taxes
My concern is the house I live in- My Mother in law passed.away in 199.. My husband passed in 200.. -while in the process of probate. There are three heirs - my deceased husband (I now represent him) deceased brothers son, and his half sister the success administrator - - prior to my husbands death the three of them and myself met several times with the attorney my husband hired to handle the probate. They went over how they were going to divide the propertries however, none of this was finalized and signed per the attorney - my husband paid up front - papers were filed case number.. - they had gone as far as the accounting, the out of state property investigation, etc. the sister angry with my husband got a personal lawyer to represent her and the nephew . My husband and I have rented and lived in the property from my father in law since 198.. . I am still living in the property. (the nephew lives in the other property) My husband and I have money invested in the property.
Since the sister became administrator nothing has happened...Her lawyer is now deceased. Prior to the attorney passing we had one meeting - I had my attorney file papers to have her removed as administrator but - was told that that would cost me - to start the process over and that I would also have to file papers to become administrator - which they would only protest.. my attorneny says our hands are tied and that we cannot do anything because she is administrator - but she is doing nothing - she wants to sell everything and split proceeds ...wants to collect rent..there is no money in the estate - the nephew does not want to sell - She has not presented me with anything proposals... The original proposal discussed was for my husband and I to keep the house we live in and the sister and nephew split the duplex in both their names since he lives there. She could then use the front duplex for income but that did not happen. What can I do to get this moving. I have been paying taxes and insurance. She obtained another attrorney who sent one letter to my attorney stating that she wants to be paid This could go on forever. What can I do to get this moving ...or at least in front of a judge? Will she have to start the whole process over as new administrator? we have only had one face to face meeting with my attorneys and hers who passed away - nothing came of that - since i filed to have her removed - they wanted to show what they had done - and prove she should remain - nothing really cane of it - it ended with them saying I should be paying rent to the estate and so should the nephew so that she could generate funds...for estate...for what? They were to conme back with an accounting of what we should pay for rent fair market ...nothing every came back - attorney passed. it sounds like the new one does not want to deal with the case - I dont have money to get another attorney and don't feel I should have to with the money that as already been spent.
My attorney says that the money my husband has spent will be settled and accounted for in the final probate. Any advice would be appreciated..I really want to move on with my life. What can I do to get this case settled ?? Is there
a possiblilty that I can keep the property? What about Adverse Possession?
is that a possibility? I trust my attorney. I just think we could do something.
He has not charged me any additional funds and seems fair. Five years is a long time - I have not gotten over my husbands death and feel I will never get over it as long as i have to continue with this unsolved issue.
Is there a statue of limitation on probate? Any advice is appreciated.
Thank you.
3 Answers from Attorneys
You need to speak to your lawyer about what to do. There's no way anyone can be of assistance in a public forum like this in a case as complicated as the one you describe.
My instinct is that you need to petition the court for some sort of action -- but I hesitate to say what that action might be without reviewing the file.
It is not unusual to ask that beneficiaries who live in the property of the estate pay rent. This is basically done to make sure that all beneficiaries are treated fairly. Your attorney should be able to explain this to you.
If you trust your attorney as you say, then go back to him to file a petition to have the administrator removed and have a private financial fiduciary appointed; will this cost you and or the estate money? Yes. Can these costs be charged against the estate assets? Maybe. Lastly, I suggest you have the attorney also file a petition to have a mediator appointed experienced in probate matters, with an eye toward a settlement, signed by all parties, made enforceable as a court order, with an attorney fees clause to apply to any person breaching the mediated agreement provisions; the mediation costs should also come out of the assets of the estate. Lastly, all persons should be required to present to the mediator a brief of the issues, and proposed settlement of all issues ahead of time for the mediation; the mediation could take several days, but will be expedited with the briefs.
I agree with the attorneys above, however, there are so many facts that you have presented and this really does seem to be more complicated than would allow for an answer here on this forum. Seek the assistance of an experienced estate attorney, preferably one with mediation and litigation experience. Good luck!
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