Legal Question in Wills and Trusts in California
My Grandmother passed away this past May. She owns a home in California. Recently family has been in disagreement about the home. My uncle has lived with my grandmother in her home for more than 25 years. Recently the house was put up for sale by one of my aunts which was not my grandmothers wishes. We would like the house to remain in the family and my uncle continue to reside there.This house is paid in full. Supposedly the house is to be divided amongst all of her children which would include my mother who was the only deceased child of my grandmother. I would like to know is there anything we can do to stop the sale of this home and shouldn't we be informed and have to give up our portion of our inheritance before any action can be taken,. They told my sister when she asked that my grandmother removed her from receiving inheritance. But I just read court documents filed in probate in June there was no copy of a will. What can I do? My Aunt and her husband who have been very successful realtors have been shady because of the knowledge other family members lack in past property transactions. What can I do?
2 Answers from Attorneys
It sounds like a Probate was opened. If there was no will, then the house, along with any other assets, would go through Probate. In the absence of a will, the property is divided equally between your grandmother's children and your mother's share would then be divided between you and your siblings. Depending on what documents have been filed and served on you, you may need to appear inthe Probate proceedings and object (as should your uncle who is most affected). However, if your Aunt is a 1/3 owner, she can force a sale. Can the other heirs buy her out? You should meet with an attorney right away to determine what rights you have and what specific steps you will need to take.
In general, you would need to file an objection to the sale and/or some other type of petition to raise your issues with the Court. It is difficult to say more precisely without a careful analysis all of the facts and relationships, and without reviewing at the Court file on the Probate. You also need to be careful that you are not "contesting" any Will as doing so could bar you from sharing in the estate if there is a "no-contest" provision. Whatever steps you decide to take should probably be taken sooner rather than later, and, if you want to stop the sale, before it is approved by the Court. You can also file what is know as a Request for Special Notice, to help insure that you get notice of anything that is being done in Court. Since a lot of this can get quite complicated, it would be best if you were to retain an attorney to assist you in protecting your rights.
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