Legal Question in Wills and Trusts in California

Should I sue the Executor of the Estate?

I purchased a house in Feb. 2005; asked for a 90-day escrow, owner agreed. End of April, owner died. Executor (his daughter) discovered that the deed left the trust when the owner refinanced a few years ago and so it was subject to probate. She informed us it may take a few weeks for her lawyer to petition the court to put the deed back into the trust. In May, she sent us a letter of cancellation (as the house had increased in value). We had to hire a lawyer to protect our interest, and while escrow eventually closed in August, Executor and other heirs never lived up to former agreements and we moved in sans carpet, appliances, etc. Do I sue the Executor in Small Claims, the heirs, the person? And has the limit for small claims judgements increased from $5,000 to $7,500? Thank you for any help you can provide.

Vicki Keller


Asked on 10/06/05, 6:10 pm

1 Answer from Attorneys
Scott Linden Scott H. Linden, Esq.

Re: Should I sue the Executor of the Estate?

There was no reason to have signed a new contract in the first place. Sorry, you were duped.

The fact that the property was not in the Trust does not cancel the sales agreement. If the prior owner signed the escrow docs, then the house was sold.

Her attorney only needed the Court's authorization to complete the sale as the executor, again, the agreement did not die just because the seller did.

I wonder what exactly it was that your lawyer did for you...or hers did for her....

Now, it is possible that the seller signed as the trustee of the trust and that may cause some additional considerations, but it should still not have canceled the sale.

How long ago was this? Do you have possession now? There may still be something you can do, but I'll need to know a little more about the situation.

Please feel free to call me at my office, number should be provided by LawGuru, or through my firm's website at No-Probate.com.

Regards,

Scott

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Answered on 10/07/05, 3:02 pm


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