Legal Question in Wills and Trusts in California

My father passed away last year.

My sister and I were named the two beneficiaries with her receiving the first $10K of the estate, me the second and her the remainder.

He had one asset; a piece of property with a market value of a minimum of $1.5M. My sister entered into a Purchase agreement with him a few years back without disclosing for a fraction of the Market Value. The purchase was based on a Promissory note, with specific dates/conditions for repayment along with interest. There was also a Purchase Agreement.

Nothing was paid towards note and my father died without receiving any monies.

She housed him and there may or may not be language regarding that in Purchase Agreement.

She had herself appointed Executor of the estate(I live in another area of the state of CA) and the estate has been inventoried with no creditors coming forward. Since SHE owes the Estate, she would have to pay something towards the unpaid Promissory note for the Estate to disburse its obligations.

But she has done nothing to finalize disbursement. Can I do anything?


Asked on 10/01/12, 3:03 pm

1 Answer from Attorneys
Victor Waid Law Office of Victor Waid

Obtain yourself a probate litigation attorney NOW to represent you to recover one half the value of the estate; sounds like their may have been some fraud committed by your sister in obtaining the purchase contract from your father for less than fair market value. Don't delay as there statutory time limits within which to bring an a legal action against your sister.

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Answered on 11/08/12, 8:31 pm


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