Legal Question in Wills and Trusts in California
Presently in probate. Can an exparte petition be requested for confirmation of sale if reasons state no money in estate, taxes, insurance and upkeep of property due to citations by the city of Los Angeles previously issued and to avoid any more from being issued.
1 Answer from Attorneys
An ex parte petition would probably not be granted because it requires a showing of imminent harm. The beneficiaries are entitled to due process notice of the sale and time to object to the sale. You would be terminating their rights by an ex parte confirmation. The estate would be required to pay the fines out of the imminent sale proceeds. Since there are not funds, you cannot make the repairs necessary to stop the city from acting on the code violations. My advice is to proceed as quickly as allowed by law and pay the fines when the house sale closes out of escrow.
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