Legal Question in Wills and Trusts in California
My mom left me 50% of her house to me, 25% to her sis, and 25% to her bro, who is also the executor to her will. She also set aside an account that was to be used for upkeep and maintainance on the house. The will stipulates that upon sale/transfer of the home, the balance of the "Upkeep & Maintanance Account" shall go to her son. My uncle is prepared to buy my 50% of the home which will constitute transferring the title. I want to sell my share and I also want him to honor my moms wishes. How can ensure he does both?
4 Answers from Attorneys
He needs to start probate proceedings in the superior court of the county where mom passed away.
The first step is that the named executor of the will must file a petition in superior court to start probate proceedings. This will allow the Court to supervise the distribution of the estate assets which, once appointed as executor, he will have the duty and control to distribute.
The executor's duties include distributing the estates assets as set out in the will.
you should retain a qualified attorney to represent you and determine whether or not your uncle is fulfilling his duties as executor correctly and in a manner which will protect your interests.
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