Legal Question in Wills and Trusts in California
Mt. Diablo Property left equally........
Brothers in California left 5 acres w/3 bdrm 2700 sq. feet home. Brothers equal in share (50 50) One brother has continued residence on property without any maintenance that has resulted in the county imposing fines for septic tank not being to code this was brought to light because of neighbors water was contamanited.This is only 1 example of negilenge. Mother had invested 50K in garden, (flowers,tress,etc. ) Brother and wife living off property would like to sell and can not seem to bring this to the table with the residing brother. Local real estate realtors estimate property at 2.5 million located on Mt. Diablo. California attorney that was contacted said I could file ''compliant motion''?? but I am unsure under what code??? Because of illness in family the last two years finances are stretched to our limit would like to have paperwork done by a Paralegal vs. Attorney
2 Answers from Attorneys
Re: Mt. Diablo Property left equally........
I suggest we file a probate ASAP to get the ball rolling; that is, assuming the property is not in a trust. If it's in a trust then we should file a petition to compel the trustee to take action to protect trust property. Contact me and let's get this going so you don't lose your property! -John
Re: Mt. Diablo Property left equally........
I understand money being tight, but this unfortunately is something you'd need an attorney for, which is a petition to compel the sale of the home before it loses any more value. The court may award your attorney fees from the trust share of your brother in the end, but I think you'll need to hire an attorney to start things.
As an aside, I'd also make sure the insurance on the property is current--if he's responsible for paying it, there's a good chance he hasn't.
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