Legal Question in Wills and Trusts in California

tenants in common, probate

My mother left my brother and myself her home in her

living trust when she died an year ago as

''tenants in common''. My brother has now passed away as

well. My brother had lived in the home for the past

year and made no attempt to buy out my half.

We, my mom, brother and I had always

agreed that if one of us wanted to stay in the home, the

other would be ''bought out''. Due to my brother's continuing

health problems, he was never able to go back to work and

could not afford to sell the home for he would have no

place to live.

My brother left no will, and his estate is now going thru

probate. He has a son, who will be named the adminstator

by the court, and he is using the same attorney that had

set up my mom's trust. I believe that I can trust him.

There is also a son out of state that is willing to let the

son in California act as administrator.

My question is, what could go wrong in this situation?

I know that I am probably entitled to rent for the past

year on the property, but I really just want to finally have my half of the house when it is sold during probate.

How long does probate take in this type of situation?

I live in Oregon, and the home is in California.

Any advice would be appreciated.

Thanks


Asked on 7/02/02, 5:30 pm

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: tenants in common, probate

Who is the trustee of your mother's trust? He/she should distribute the property to the beneficiaries, if it hasn't been done so already. The end result sounds like you owning half the home as a tenant in common with your brother's two sons each owning half of your brother's half--the distribution would not occur until the end of his probate, but now may be a good time to sell the house, which can be done during the probate.

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Answered on 7/08/02, 7:12 pm


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