Legal Question in Wills and Trusts in California

Re: propites left to 3 daughters

Have you probated the estate yet? If not, I would suggest YOU file for probate. Your sister had to file within 30 days of death. By not doing so other executors and/or beneficiaries can file to become the executor. Once the executor you would be in a much better position to force the sale... and you could buy for fair market value. As for the documents forgiving the debts... that's a tough one. Unless they could someone be determined to be "codicils" to the will (like an amendment) then I don't think the letters would be valid and the original debts (if the amounts can be determined) would still be owed. Of course if there are not good records for the loans and the pay back then you would probably just need to work out a settlement with your sisters. Good luck to you! Feel free to call if you would like to discuss in more detail.

Re: propites left to 3 daughters

You have numerous rights. What is wrong with your aunt. Why isn't this state included after three years. As a probate even been started. I have numerous questions and I think he the best advice is see the aid of an attorney immediately. That house should be sold if all the beneficiaries desire and the proceeds distributed between you. As to the letter as long as all agreed that is your mother's letter dated and signed by her that has the best facts which is intended, no payback combine that daughter. Try to all agree to keep family harmony. Remember, more likely than not you want to be at the same table at Thanksgiving and Thanksgivings in future years. I have been practicing probate law for over 30 years and am in the San Francisco Bay Area. If you wish to consult with me I am at 925 -- 945 than 6000.

Re: propites left to 3 daughters

Questions:

Is the title to the house still in your name or your mothers name?

If your mother's name, her estate needs to go through probate unless it was owned by a trust (which it doesn't appear to be).

If now in all of the sisters' names, then you can force sale through a partition action.

You would be entitled to credit from the estate if you made the repairs.

You probably should file for probate if the house is still in your name, and the youngest sister has not done anything. Also, since you have an equitable right to the property, it could be argued that you do not need to pay rent, and if you do, it should only be 2/3 of the market value.

Re: propites left to 3 daughters

First question to ask: Has the will been probated? Most of your subsequent questions can be dealt with after that question has been answered.

I would really need more details about the debts to make a legal determination.

Please contact me if I can be of any more help.