Legal Question in Wills and Trusts in California
probate sale terms
hello, I am in probate in a property owned by my mother b4 she passed on.I have possesion of the property,however my aunt has made a claim to the property as there was not a updated will at her passing.In court they mentioned sale of property, my question is a contractor told me the foundation is cracked.I don't have the funds currently to do the work.Will the court allow me or can I request a year to make the repairs.And since my aunt is making a cliam of the property is she also required to pay a portion of the repairs.Also what if the house is red tagged by the builing and safety dept...thank you
1 Answer from Attorneys
Re: probate sale terms
was there a Will filed? Does your Aunt have a more recent one she is filing to contest?
Mentioning the possible sale of property does not mean the Court will, in fact, order the property sold, it is just an option that they have available.
The important issue here is the Will. What is the Court looking at and what does it direct the Court to do?
The foundation problem, most likely, will reduce the value of the home if the Court orders it sold. It CAN be repaired, and, yes the cost would be divided between the owners (respective to their ownership), but this may be only recoverable after a sale (or so it would seem in your situation).
Again, it is the Will that is important. Make sure you are properly represented, a slick attorney can walk all over a non-attorney in Court before they even realize what happened.
If you would like, you can call our office for a free consultation and review of the Will that is being Probated. The office number is 626-578-0708, or you can reach us online at www.No-Probate.com.
Good Luck and Take Care,
Scott Linden
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