Santa Maria, CA asked in Real Estate Law and Probate for California

Q: It has been 2 years since my mother died and I did not object to my brother being administrator. He is living in the

house collecting $1,200 a month from renters in the duplex. What can I do in NYC to get this house sold. The market is good and the house is at $700,000. Two years ago it was appraised for $580,000. Can I resubmit a new appraisal to probate court as an heir

Related Topics:
1 Lawyer Answer
Ben F Meek III
Ben F Meek III
  • Probate Lawyer
  • Oklahoma City, OK

A: If you are an heir to your father's estate, you can probably force a sale of the property or for your brother to buy you out. It's a remedy called "partition", which is the right of a co-owner to get the value of his interest and get separated from his co-owners. You can probably force a partition from within the probate proceeding or you may be able to sue separately. It would be better, if possible, to negotiate with your brother and come to a reasonable agreement, which would save on attorney's fees for both of you.

Also, the rents generated by the property belong to the estate, not to your brother or you, until the Court orders distribution. If your brother has been spending those funds, you can probably have him removed as Administrator. You can also ask the court to require the property be appraised, which would happen as part of a partition action anyway. Contact an experienced probate lawyer in your state to get more information and give you specific legal advice. Many lawyers offer free initial consultations.

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.