Sacramento, CA asked in Real Estate Law and Probate for California

Q: I'm trying to remove a court appointed receiver from my uncle's estate.

I was notified after 6 months of his passing. The court never notified me, and they appointed a receiver.

His property has 2 county code violations. I'm currently the administrator of his estate.

I'm capable of resolving the violations and having the home and property cleaned to prepare it to be sold.

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1 Lawyer Answer
James L. Arrasmith
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  • Probate Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, to remove a court-appointed receiver from an estate, you, as the estate's administrator, must petition the court that appointed the receiver. This petition should demonstrate your ability to manage the estate's affairs, specifically addressing the resolution of the code violations and preparing the property for sale.

When filing the petition, it's crucial to provide evidence of your qualifications and capability to handle the estate's responsibilities. This could include your legal background, experience in estate management, or any other relevant qualifications.

Additionally, you should highlight the reasons why the receiver's removal is in the best interest of the estate. Emphasize how your direct involvement would benefit the estate, such as by resolving the violations more efficiently or effectively than the receiver.

It's also important to address any concerns the court might have regarding the transfer of responsibilities. Assure the court that the estate's interests will be well-served under your administration.

Remember, the court's primary concern is the proper administration of the estate and protection of its assets. Your arguments should align with these priorities to persuade the court to reconsider its earlier decision.

Lastly, it may be beneficial to consult with a colleague or another legal professional with experience in estate law for further guidance and to ensure that your petition is comprehensive and compelling.

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