Legal Question in Wills and Trusts in California
I recently went to court to have a referee chosen for the forced sale of my late mother's property.I chose one of the recommended real estate agencies provide by the attorney hired by my sister.
I just received a letter from the attorney in which he states :If you do not fully comply with the agent ,there will be consequences.I don't appreciate this implied threat as I have given him no cause to believe I would not comply.
My questions are:If I have the quitclaim deed in my name under the title of administrator of estate then am I the one who signs over the deed to the new owner?If not who does?
Can I expect compensation for the upkeep and repairs on the property for the past 4 years?
1 Answer from Attorneys
Why is it a "forced sale"? The sale of property in probate requires the Probate Court's approval and it will not be via a quit claim but rather a full escrow as it is the estate not you personally who is selling the property. If the repairs were made as administrator of the Will and other expenses were incurred, yo are entitled to be reimbursed for those costs. If you made them as an individual you would have to file a timely claim with the estate. Your sister will probably fight you all the way to the final distribution of assets. Unless the Will stated you waive all payments as administrator, you are entitled to a standard, statutory fee of 4% of the first $100,000, 3% the next $100,00, 2% for the amount between $200-!,000,000.
Probate can be very tricky so you should speak to an attorney. I do have some experience and charge $150 per hour. I suspect you are not aware of various matters that are to your advantage.
If you want, call me at 510-441-2684 and we can discuss the case for another free 15 minutes.
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