When my brother died, his estate passed to 3 heirs; myself and my 2 sisters.?

Question

I am the only male heir. Without my knowledge or consent, my older sister arranged to sell the house, which is in California. In her last email message, she announced: "The house has already been sold".

My brother died in February, without a will. It would be unwise to sell the house under these conditions; and, of course, any sale that might take place with no regard for the other heirs is UNLAWFUL.

Although I am now overseas, I paid the taxes that were due on the house, and I intend to live there. My younger sister, the other heir, has no interest in using the house as a residence.

The house is located in an exclusive residential area. It is a valuable asset. However; as an heir, I would never arrange to sell the house without the knowledge and consent of my two sisters. If the house should be sold at any future date, I will insure that each of them receives 1/3 of the proceeds, according to law.

What can I do to stop a sale that may already be in escrow?

Answer 1

Hire a lawyer licensed in that jurisdiction.

Answer 2

It doesn't matter that you are the only male heir. What matters is who was appointed or named representative of the estate. I'm guessing, since your sister is handling the sell of the house, that she was appointed by the court to be representative. Her job is to liquidate the assets and distribute them to the heirs. If you wanted the job of doing this, you could have filed for probate. Since you didn't and your sister did, she is the one who gets to make the decisions. You are very mistaken in saying that she is acting in an unlawful manner. Actually, she is doing what is required of her by law.

Once the house is sold, and all bills and expenses are taken care of, you should be given 1/3 of the remainder. This is assuming that your brother's mother and father are both dead. IF one or both is living, they will get the remaining assets.

Your only other option was to offer to buy the house from the estate. You would have to pay each of the other heirs the total amount they would be due from their share of the house if it were sold to a stranger. Do you have enough cash to buy them out of their shares of the house?

Also, if you paid any taxes due on the house after your brother's death, you can ask the estate to reimburse you for those expenses. Hopefully you have proof that you made the tax payment.

Answer 3

Transferring real property within California has one of the highest ratings as far as making sure the i's are dotted and the t's are crossed.

You don't mention whether your deceased brother had a family of his own or why you were paying the property taxes.

My opinion is based on your input as I believe I'm reading much more between the lines.

Contact the title company's escrow officer processing the sale along with obtaining the escrow account number.

I believe it can be stated that all parties to real property within the state of of California that can show ownership rights must be part of the transfer of that real property, otherwise, one might argue that a fraudulent transfer of real property brings cause for an action within the courts.

Send a notarized copy of your birth certificate along with any other proof that would flag the title company to not include you within the open escrow.


If your overseas due to an employer's request and I include the military seek legal advice via your employer's legal representative.

All of this can be handled by legal representation but in today's Internet world, one can research free.

You must take action prior to close of escrow, otherwise the expense to recover any real property loss has been greatly increased.

Answer 4

Rescind the sale. You'll need an attorney, but I doubt you'd expend more than $2-4k for attorneys fees to save a house worth $100'sk. Get an attorney quick or you could lose everything for "failure to act." Good luck. Call a lawyer in California in the area close to the house. I recommend Miles, Bauer, Bergstrom & Winters. [phone]. Ask for Fred Winters. I worked at that law firm for 12 years and they have the experience you're looking for. I'm a stay-at-home mom now so that's why I don't work there any longer.

Answer 5

I'm not quite sure why being the only male heir is relevant. But the only thing you can do is get a lawyer and fast. Once it's out of escrow, you can't do anything except sue your sister.

Answer 6

Explain what you just said to me to your sister who put the house up for sale. You might need to get a lawyer if it's too late in the selling processes to stop it. She definitely should have gotten your consent before selling it, so you need to contact her immediately and tell her what's up straight up.

Answer 7

Just inform the buyer's attorney that the "seller" didn't have the legal authority to unilaterally sign the Purchase and Sale Agreement for the transaction.

Answer 8

definite, that has the same opinion with those different citations: Early activities of David’s reign (a million:a million–4:12). Following Saul’s lack of life at Mount Gilboa, an Amalekite fugitive from the conflict comes hurrying to David at Ziklag with the record. Hoping to curry desire with David, he fabricates the tale that it really is he himself who took Saul’s existence. rather of commendation, the Amalekite receives in straightforward words the reward of lack of life, for he has condemned himself through attesting to awesome “the anointed of Jehovah.” (a million:16) -- All Scripture is galvanized of God and effective 3 days later an Amalekite extra the diadem and bracelet of Saul, deceitfully boasting that he had placed the wounded king to lack of life and hoping to get carry of a reward. even although he lied contained in the count number, David ordered him killed for claiming to have “placed the anointed of Jehovah to lack of life.”—2Sa a million:a million-16; 1Sa 31:4, 5. -- perception, Vol. a million i'd imagine also that the guy's conceited lie shows that he would have killed Saul if he would have, and the point replaced into as solid because the deed. hence, he received a similar punishment as he would have received if he were able to understand the point, and actual do the deed. solid meditation, Vot!!!

Answer 9

talk to a lawyer NOW and he should be able to stop the sale your right it is illegal and very unfamily. Stay safe overseas!

Answer 10

and do it as soon as possible