Legal Question in Real Estate Law in California

Hello,

My question is. My mom and Dad had a home. My sister came to live with my mom after my dad passed away. When the house was to sell we were to split between the two of us. My sister sold the house and used everything to buy another home.

She is now selling this home and I am not getting anything. Is there anything I can do? The old house sold for $480,000.


Asked on 6/29/12, 12:26 pm

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

You are going to have to speak to an attorney. My first question would be: "Was any of this in writing?"

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Answered on 6/29/12, 12:59 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

This could either be a huge fraud on you, or perfectly proper. Or, it could be a fraud on you that you can't do anything about any more, due to the passage of time. I'd have to know quite a bit more, including when the first sale occurred, how title was held prior to the first sale, whether you have spoken to your mother and/or sister about the transactions, and so on. Please feel free to contact me, if you'd like, for a no-cost analysis of your situation.

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Answered on 6/29/12, 4:10 pm
Terry A. Nelson Nelson & Lawless

The obvious answer is that you either informally resolve your claims, or you file suit if there is a legal basis to do so. You may have HAD rights as an 'heir' to file a probate claim after the death of the parents, but it sounds like that was a long time ago. If so, you are too late. Contact a 'estate and probate' attorney in your area with the dates info.

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Answered on 6/29/12, 5:48 pm


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