Legal Question in Wills and Trusts in California

Re: trustee won't sell home

Don't assume you can't afford a probate lawyer until you have called at least 20 of them. The name of the lender is on file at the county recorder's office.

Re: trustee won't sell home

It won't take much money to check the title on the house and find out who's recorded the loan against the property. If the house is in your father's name, and the estate gets the life insurance, there's an estate to probate.

Attorneys handling probates generally take their fees from the assets at the end of the case, after court approval, so you may not need much, if anything, to start the case, and an attorney can let you know what fees they would charge to handle the probate--these fees have a maximum amount set by law in California.

And most attorneys wouldn't charge for the consultation to let you know their recommendations for handling the case.

Re: trustee won't sell home

I'm sorry for your loss.

From the facts you gave it sounds like you've got to get an attorney involved as it appears like your brother is living off the estate equity line and in the house.

Typically, the attorney handling the estate is paid from the estate assets after the court approves everything.

Need to know a few things such as what county Dad lived in, whether there was a will. You should get certified copies of the death certificate as soon as possible.

Let me know if you would like to discuss options.

Caleb

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Re: trustee won't sell home

Afraid you really don't have much of a choice but to start a Probate proceeding. If your father had no estate planning or he only had a will, then a Probate is the appropriate way to go. Luckily for your situation, the attorney is paid out of the Probated estate and not from you personally.

Aditionally, if your brother is still collecting on the line of credit, then he should be liable to the estate to repay any money he has taken.

I STRONGLY suggest you consult with an estate planning attorney that is well versed in Probate and estate planning.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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