Legal Question in Wills and Trusts in California
Selling of inherited property
Our mother died in 7/2000, on 11/2000 our sister went to court to have our names put on the property. At this time the court ordered after payment of fees and expenses associated therewith, the decedents estate of $40,000 shall be set aside and distributed in equal shares to four children. The $40,000 estate is the property that our mother owned. We want the property sold and the monies divided four ways as the court ordered. She keeps making excues not to sell the property, it has been over three years and she still hangs on to the property. Is there any way to force the sale of this property? We are tenents in common, hopefully meaning it can not be sold with out all signatures. Is it legal for her not to include us on any of the properties decisions like renting out the property? She has rented out the property since 11/2000 and we have not recieved any information on this and have seen nothing in writing and have been kept totally in the dark about this. please give me a legal stepping stone to have this property sold. Thank you
3 Answers from Attorneys
Re: Selling of inherited property
You need to consult a probate attorney as soon as possible. If she is not doing her job as adminstrator, you can have her remove. If she is commingling or removing assets, you can have her surcharged. Find someone located near the court where the probate petition was filed (or where your mother lived at the time of her death).
Re: Selling of inherited property
Big problem for her but you must get an attorney to help you protect yours in your sister's rights. She has a fiduciary duty to each of you if she is still the executor. If the estate is enclosed then it is quite simple but it could cause a family rift. You would have to file a partition action in the Superior Court in the county in which the property is located to force the sale. Most of the time though I've found in 30 years of practice that after the attorney sends a very stern letter people come to their senses and things are worked out well before the suit needs to be filed. There are those who are stupid and/or unreasonable. I am in the San Francisco Bay Area would be very happy to speak with you about the situation. 925 -- 945 -- 6000.
Re: Selling of inherited property
You have the right to be a part of the decisions made on the property. Has your sister been collecting all the rent for herself? If so you will be able to recover your portion of that money. As a 25% owner of the property, you can force a sale of the house by a going to court and asking for a partition action. In which the court orders a division of the property. In the end, consulting a probate attorney would be the best action to protect all of your legal rights.
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