Sacramento, CA asked in Civil Litigation, Probate and Real Estate Law for California

Q: My mother passed awayvand left my sister and i 2 homes .now my sister is selling the homes with out my permission.

Is it legal for hwe to do that and rashin me my money

2 Lawyer Answers
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Probate Lawyer
  • Mill Valley, CA
  • Licensed in California

A: Probably not, but it depends on all the facts, and the way the properties were left. Did they pass by will or by trust? Was your sister appointed administrator or executrix of the estate? These are things you should discuss with a probate attorney..

Priscilla Ann Madrid
Priscilla Ann Madrid
Answered
  • Probate Lawyer
  • Anaheim Hills, CA
  • Licensed in California

A: I do not understand how your sister can sell the homes without your permission. Is she trustee of a trust or a power of attorney holder? Upon death, the power of attorney is no longer valid. If she is trustee, she may be able to sell the homes to settle the estate and distribute the assets to the beneficiaries of the trust. You really need to contact a probate or trusts and estates attorney in your area to review the issues and give you advise. Sitting by and being frustrated about your Sister's actions will get nothing accomplished and may even result in the loss of assets you may be entitled to. You need to take action now and contact an attorney in your area to help you figure this out. Contact your local bar association - they should have an attorney referral service with qualified attorneys to help you decide what your options are.

Best of luck.

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