Q: in california. my sister has recieved her share of estate and im told i have to wait another 3 months to get my share

A: Dear Glendora:

This question is difficult to answer in this forum. As a general matter, and administrator who self deals, for example buys estate property, needs to obtain court approval first. This would also apply if there was a "straw man" transaction. (A straw man is the use of an intermediary in a transaction. For example, I, as administrator, sell property to person A, who then turns around and gives me the property back in exchange for my giving person A a certain sum.)

Moreover, even if one "gifts" their inheritance to another, the funds still cannot transfer without a court order. Unless she obtained a court order on a noticed petition (so you knew about it), she could not give any funds to her husband, and he could not use those funds to buy the property.

Not only that, but even in an arms length transaction, and administrator is required to provide a Notice of Proposed Action prior to the sale of real property, allowing the beneficiaries 15 days to object. (Assuming that they have independent administration authority, otherwise they need to petition for approval of the sale.)

So obviously I can not understand how this transaction occurred, unless your sister is not following the rules. (If this was done without a title company, your sister could have signed and recorded the deed without a court order, but the deed would be invalid until the court approved the transaction.)

Sounds like something may be very wrong with this transaction, and you should contact an attorney to review the transaction right away. If you do not know where to find an attorney, you should try your local county bar association. Most county bar operate an attorney referral service where, for a small or no fee you receive a consultation with an attorney.

Best of luck.