Legal Question in Wills and Trusts in California
non probated will
My mother died in 2005. She appointed me as the executor of her will. She had a small estate. Her wishes were to sell everything and divide the proceeds equally . There are 5 siblings and There is a 5 acre parcel that needs to be sold. In order to sell it all the siblings have to sign their share over to me. One sibling refuses to sign. She will not respond to letters or phone calls. What is my recourse Thank you
3 Answers from Attorneys
Re: non probated will
If the value of your mother's estate is more than $100,000 including the real property, her will must be probated - I doubt that any title company would issue title insurance to the buyer without letters testamentary (if the total is less than $100K, then an expedited probate procedure is available).
You cannot force your sibling to sign her share over to you; she is, in effect, forcing you to probate your mother's estate (even if it's worth less than $100K). You can initiate a probate proceeding and be appointed executor and then you would have the ability to sell for the benefit of the 5 of you.
If you need assistance, I would be glad to help. I am certified as a specialist in estate planning and probate by the California State Bar Board of Legal Specialization and have handled probate matters all over California.
Re: non probated will
She's right. That's not the procedure. I'm not sure how it is the property is in the children's names anyway. If it is then how can it be deposed of by your Mom's will? If the parcel is worth more than $ 100K the estate must be probated. Call me directly at 16192223504.
Re: non probated will
even if the total gross value of the estate is less than $100,000, if the real property has a value of $20,000 or more probate is necessary.
see probate code sections 13100 through 13116 and 13200 through 13210 at:
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=prob&codebody=&hits=20
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
