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
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.
You need a probate action to sell the property. Send me an email if you would like to discuss.
The information presented herein is for general purposes only. It is not intended for, and may not be construed as legal, tax, or accounting advice, or business solicitation, or create any Attorney-Client relationship. For specific advice, please consult an attorney in person.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.