Q: Can my brother legally sign a contract to sell (very cheap) our parents house before court approves executorship?
House is in preforclosure. For $5000. Called brother to ask for help paying(son was murdered 3/20/22, missed alot of workand trial starts in aug).instead he panicked and started probate. He says he signed a paper selling house app at 320,000 for $200.000. I've lost my son. My car, work....please tell me i didn't loose house? I've been only one paying dads bills etc. What if he signed off his part, would I have to honor his contract? P.s. I'm fresno ca not sacramento....won't let me change
A: I am an attorney licensed in California, and I can provide some general information regarding your situation. It is important to consult with an attorney who specializes in probate law to address the specific details of your case. Generally, in the absence of court approval or a valid power of attorney, an individual does not have the legal authority to sell property on behalf of the estate or other owners. The probate process typically involves court supervision to ensure the proper distribution of assets. If your brother signed a contract to sell the house before court approval, it may raise concerns about the validity of the transaction. Consulting with an attorney who specializes in probate law can provide guidance on how to proceed and protect your rights in this matter. - James L. Arrasmith, Owner and Chief Legal Counsel of The Law Offices of James L. Arrasmith.
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