Q: Father past away. Stepmom is executor of will. He left house he bought w/our deceased mother to her, me and my sibling
He left property to stepmom, me and my siblings. The will states she has two years to sell the property. She has never given us update of the selling of the house, nor has she upkeep the property. Now she wants to buy us out. We don't agree, don't want her to buy. We want to buy our selves the property or property to be sold to someone else. What are our rights? She has an attorney
A: You have not stated whether there is an open probate case. Is she simply named in the will as executor, or has she been actually appointed by the court? That will determine what next you should do to enforce your rights. Especially since she has an attorney, you need to hire, or at the very least consult with, your own attorney. You can petition the probate court to enforce the terms and obtain an accounting, or even remove her. If there is no ongoing case, you can open one, and even ask to be appointed administrator.
Fred Lee Valentine Jr agrees with this answer
A: Mr. Dorfman is correct in that you should retain counsel to assist you. He is also right that you may petition the probate court (or open probate if you Mother has failed to do so) and request the court to enforce the will.
Where a will gives a gift of property to more than one beneficiary, and the beneficiary do not wish to be co-owners (or cannot decide who will buy out the property), the remedy is to partition the property. Essentially, the court will order the property sold and proceeds divided.
I would speak with an attorney as soon as possible, as the law does not favor those who sleep on their rights. The will may have additional provisions effecting the situation, and the lack of upkeep by the executor may result in a claim of waste. If you do not know where to find an attorney, I suggest your local county bar association. County bar associations run legal referral services that provide you with a consultation for a nominal or no fee.
A: Generally, when a person who has signed a will dies, his estate (his property, etc.) must be reviewed by a Probate Court unless the person had a trust or he had less than $150,000 in certain assets. It sounds like your father did not have a trust and he had more than $150,000 in assets, since he owned a home in California. You definitely need to get this matter into the Probate Court. Search Justia to find a probate lawyer near you.
A: You need a probate action to sell the property. Send me an email if you would like to discuss.
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