Victorville, CA asked in Estate Planning and Probate for California

Q: My dad passed and did not leave a will. My older sister got approved to sell the house but I have not heard from probate

Can she sell it and keep all the money without splitting it with us? Are is there something I need to do on my part?

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1 Lawyer Answer
Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: When the property sale goes through escrow, your sister should not be able to sign your dad's name. Even if she had a Power of Attorney, it would have become void at your dad's death, so your sister could not use that to sign his name. The proper way to transfer the assets is to go through the Probate Court and get a court order. You said you haven't heard from the court, but did anyone file a Probate Petition to get probate started? It is not an automatic process. Someone must file the Petition and pay the filing fee before the process can get started. If no one has done that, you can do so and even ask the court to be appointed the Administrator, which is the person who is responsible for collecting any money owed to your dad, paying his bills, and distributing his assets to his wife (if he has one) or equally to his kids. Best wishes!

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