Legal Question in Wills and Trusts in California

Inheriting a property pending receivership

I am sole heir to an estate that has a property which had code enforcement violations. A receiver was appointed prior to my sibling's death (11 months ago) but that receiver failed to ever even take the oath, much less do any correcting.

Now that I am inheriting the property, the County's Cousel is seeking to SUBSTITUTE that receiver instead of allowing ME to correct the code violations myself as the NEW OWNER.

Any suggestions or case laws I could use to prevent the substitute receiver from being appointed and, thereby, prohibiting my even being allowed on this property I'm inheriting?


Asked on 4/29/08, 10:02 am

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Inheriting a property pending receivership

Apply to the court for relief. Explain why the need for a receiver is obviated now that you are the owner and ready, willing and able to make the code violation corrections.

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Answered on 4/29/08, 1:00 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Inheriting a property pending receivership

You would need to a) be formally appointed as the executor or administrator of the estate; and b) file a motion to have the estate substituted as a party to the receivership case instead of your late sibling, and to vacate the receivership. You might want to get an attorney to help you do it right.

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Answered on 4/29/08, 1:13 pm


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