Legal Question in Wills and Trusts in California
Is Notice of Sale Required for Real Property?
My brother was granted full authority to administer our mother's estate under the Independent Administration of Estates section. After reading the probate code on this it appears that he does not have to give my sisters and me any notice about the sale of property. He already held an estate sale getting rid of her personal property without telling us. My question is does he have to send us a specific notice once he accepts a bid and plans to sell her house? We're afraid that he will accept a bid to sell the house and agree to it without input from us, since under the Independent Admin section it says he has full authority without having to get the court's permission. We are planning to file Request for Special Notices from all 3 of us (separate notice from each of us)to force him and the attorney to communicate with us, but wanted to get some advice first. Although, as direct heirs named in the will, we don't think we should have to file a ''Special Request'', he should tell us out of common decency since we are all our mother's children. Thank you.
2 Answers from Attorneys
Re: Is Notice of Sale Required for Real Property?
He is required to serve, by mail, a Notice of Proposed Action to all interested parties, which would include all named beneficiaries of the estate. While it should not be necessary for you to file a Request for Special Notice, it would not hurt for you to do so.
They do not need to advertise in the paper, and the notice must be 14 days in advance of the proposed action. You can then register an objection if you wish.
Re: Is Notice of Sale Required for Real Property?
You can file the Request for Special Notice, which may mean you'd get notice of more actions than you're currently getting.
Regarding the real estate, while the sale does not require court approval, he still must send all the affected beneficiaries a "Notice of Proposed Action" with 15 days notice before the action (sale, in this case) and with particulars about the sale terms. If you wish to object to this action, you can do so before the sale date.
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