Q: Under indep act for probate can adminstraitor with full authority give her siblings what she wants when house sells .
Or even with full authority independnt she still has to split saleof house equal with siblings ? And can she buy the house herself and leave everyone out . No will for my mom . 7 kids . Sister filed for indep act and full rights not allowing courts to help . What do i need to worry about if its granted ? Im the blk sheep brother whom she hates
A:
Under California law, when someone dies intestate (without a will), their estate, including assets like a house, is distributed according to the state's intestacy laws. In the case of your mother's estate, since there are seven children and no will, the estate should be divided equally among all siblings, assuming there are no other heirs like a surviving spouse.
If your sister has applied for full authority under the Independent Administration of Estates Act (IAEA), this allows her to administer the estate with more flexibility and without constant court supervision. However, even with full authority, she must still adhere to the laws of intestate succession, meaning she cannot arbitrarily decide how to distribute the assets. The house and other assets should be divided equally among all siblings.
Regarding the sale of the house, your sister, as the administrator, could potentially purchase the house herself. However, she must do so in a way that is fair and transparent to all beneficiaries, typically by paying a price that reflects the fair market value of the property.
If you have concerns about how the estate is being handled, especially given your relationship with your sister, you may want to consult with a probate attorney. They can provide guidance on your rights and options, including how to ensure the estate is administered fairly and in accordance with California law. It's important to act promptly to protect your interests in the estate.
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