Legal Question in Wills and Trusts in California
I recently had a summary judgement against me involving my sister's claim to her 1/3 interest in the property I live on.The paralegal I'd hired was supposed to respond to the initial request for summary judgement.She didn't.
The judge said that the court would be appointing three referees each presumably representing myself and my two sisters,it is scheduled December 16,2011.
I've just received a letter from my sisters attorney which states;below is a list of real estate agents in your area ,if you don't choose one, I will and will have the property put up for sale immediately.
How do I respond?
5 Answers from Attorneys
So you hired a paralegal to do the job of an attorney and lost a summary judgment motion as a result. Now you want specific legal advice about your case from a free internet posting. If you continue in this manner, your response should be just to move from the property, because you are going to lose. OR.....
You could consult with an attorney who can review the facts and the papers and give you specific legal advice.
You have given us insufficient facts. We would need to know; what the court determined the ownership interests to be, how is title held, are there any issues as to the property being probated, are you in probate or general civil court, what are the three referees supposed to do, have you tried to set aside the summary judgment on the basis you reasonably though the para-legal was going to file an opposition [buy why did you not know before the SJ hearing that nothing had been filed on your behalf?], etc.
In general, even the majority owners of a property can not force the minority owner to sell; they must go through a partition motion, unless the judge already appointed the referees with the power to sell the property. You need to get all the facts together and then speak with attorneys who might represent you as to the SJ ruling and the remainder of the case. There is no point in trying to save money if it means a large chance of losing much more.l
You can look at the courts file to see what the judges decision was on the s.j. Motion and then make sure that you get that percentage from the net proceeds from the sale.
Mr. White's answer is the correct one. You are in the bottom of the nineth, with two outs, and an 0 and 2 count, and the score is 10 to 0 against you. You're only prayer of not being totally shut out is to quit dealing with this on the cheap and get a real attorney. Otherwise you should just give up.