Legal Question in Wills and Trusts in California

My Mother passed away 3 yrs ago. The house is paid off...she DID have a will leaving the house to myself and brother. My brother is living in the house rent free. (Actually I talked to one attorney and learned he will be charged rent for the last 3 yrs.) Thanks goodness!

But I just found out he moved his long time girlfriend in the house and all her belonging without even asking me. My Aunt is the Excutor of the estate is will be nominating me as adminstrator. (He's not happy about that.) He said he wants to buy me out and therefore he DOESN'T have to move out of the house.

I was told he would have to move out? That a realtor referee would have to have the house empty and would appraise the house and only then could my brother bid on the house. But maybe I misunderstood this attorney? My brother is fighting me on this one because he has so much stuff loaded in that house. Him and said girlfriend are renting out her two moble homes as income...and fitting up my mothers house to rent out too. (Again..all this behind my back.) I had no clue any of this was going on until I went to the house the other day. I told him a marshall will come out to the house to evict them in 30 days once I get probate started. He still INSIST that I am wrong and he doesn't have to move out for them to appraise the house. That he is allowed to stay there. (Also does he have a right to let his girlfriend move in my mothers estate without my permission?) Can someone enlighten me...can he really stay there? And how can he buy me out when the house hasn't even been appraised? Thanks.


Asked on 9/21/10, 4:04 pm

1 Answer from Attorneys

You are clearly completely lost. You need a lawyer. It is illegal not to probate a will for three years. He is going to keep on messing with you until you get a lawyer and do something. All you are doing is setting yourself up to get screwed by waiting this long. Get a lawyer and stop trying to deal with things yourself that you obviously have no understanding of.

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Answered on 9/28/10, 11:13 pm


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