Legal Question in Wills and Trusts in California

Mom passed 2 years ago and I am try to sell her house in California, but my 2 brothers said no, they want to wait till the value gos up. I just want out the house, it is not worth that much (60,000). How do I get my money out, the both have plenty money to buy me out.

Thanks

Steve


Asked on 11/29/10, 4:13 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

You need to remember that from their view point what they are doing is correct. Point out to them that them can buy you out now at a cheaper price then when the property does go up significantly. You could file for partition of the property in which it would be sold, but that would cost between $10-15,000. You could file to probate her estate; most administrator's would just sell the property so tha all can get 1/3 of the case less his fees, which should be cheaper than partition but still expensive.

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Answered on 12/04/10, 4:47 pm
Anthony Roach Law Office of Anthony A. Roach

If the property is still in probate, it is not yours until there has been a distribution. If it has been distributed to you, and your brothers, then you may need to consider partition by sale.

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Answered on 12/06/10, 11:10 am


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