Legal Question in Wills and Trusts in California

Grandfather's estate

I'm currently going through probate of my grandfather's estate. He left me everything he owned and I'm the one in charge of carrying it out as well. When he died, my step-siblings (all adults,etc) and step-dad had a garage sale and sold everything but the house!

Is there a way during probate to get the deed to the property my grandfather left me in my name? The house is currently being lived in for ''free'' and in terrible run-down condition. I am paying the reassessed property taxes/taxes on it at this time.

How can I throw them out, if I am still in probate? I do not want to sell my grandfather's house if it can be avoided, but I will throw them out if I can and rent to responsible people.

Thanks


Asked on 12/08/07, 2:56 am

3 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Grandfather's estate

Of course there is. If you haven't hired a probate lawyer to represent you in probate as the Executor of the estate, do so now. The fees are statutory and must be approved by the court. You are experiencing the need and why hiring a lawyer is well worth the cost. The fees, of course, are paid from the estate.

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Answered on 12/08/07, 9:01 am
Scott Linden Scott H. Linden, Esq.

Re: Grandfather's estate

You're going to need an attorney for assistance with this one. They need to be ordered by the court to cease sales and place any monies received into a constructive trust. Further, you will need to evict them as the landlord; request the court grant you the deed as stated under the will to prevent additional waste of the premises as well as the assets themselves.

You need to act quickly on all of it. Where are you? Where is the property? Where is the Probate filed?

Please feel free to contact me directly at the phone/address provided by lawguru. Additionally, I can be reached through our firm's website at NO-PROBATE.com.

Scott

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Answered on 12/10/07, 5:26 pm

Re: Grandfather's estate

In the probate if you have been appointed as the personal representative of your grandfather's estate you can initiate eviction proceedings against anyone/everyone on the premises.

You really should have an attorney represent you in both the eviction and in the probate so long as there are somewhat significant value on the property.

Additionally, the income from the garage sale of all of his property should be "marshalled" for the estate.

Since these are your family members it will be easier for you to have an attorney handle this for you.

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Answered on 12/09/07, 12:43 am


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