tenants in common, probate
My mother left my brother and myself her home in her
living trust when she died an year ago as
''tenants in common''. My brother has now passed away as
well. My brother had lived in the home for the past
year and made no attempt to buy out my half.
We, my mom, brother and I had always
agreed that if one of us wanted to stay in the home, the
other would be ''bought out''. Due to my brother's continuing
health problems, he was never able to go back to work and
could not afford to sell the home for he would have no
place to live.
My brother left no will, and his estate is now going thru
probate. He has a son, who will be named the adminstator
by the court, and he is using the same attorney that had
set up my mom's trust. I believe that I can trust him.
There is also a son out of state that is willing to let the
son in California act as administrator.
My question is, what could go wrong in this situation?
I know that I am probably entitled to rent for the past
year on the property, but I really just want to finally have my half of the house when it is sold during probate.
How long does probate take in this type of situation?
I live in Oregon, and the home is in California.
Any advice would be appreciated.
1 Answer from Attorneys
Re: tenants in common, probate
Who is the trustee of your mother's trust? He/she should distribute the property to the beneficiaries, if it hasn't been done so already. The end result sounds like you owning half the home as a tenant in common with your brother's two sons each owning half of your brother's half--the distribution would not occur until the end of his probate, but now may be a good time to sell the house, which can be done during the probate.
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