My aunt sold my dad's house when he passed and i am his only living heir, she has spent the money and didn't give me anything. Can I get my house back or do I have to sue her for the money? This was in the state of California.
2007-12-07 07:10:57 · 4 answers · asked by jenn 1 in Politics & Government ➔ Law & Ethics
there was no will
2007-12-07 07:23:31 · update #1
Need to start with the probate court, get a copy of the will filed for probate and the inventory and dispensation of assets from the estate. IF you were in the will and did not get your bequest, start by asking the clerk what needs to be done to challenge the estate; from there, you can see if you need an atty (Probably), but you'll at least have the facts.....
Uh..no will? No inheritance. Someone qualified to represent the estate, sold the house and paid the outstanding debits; there may have been a mortgage and nothing TO give you.
Still check with probate court; something of record for an intestate estate. Then talk to a lawyer; but I don't think you have a lot to work with here.
2007-12-07 07:15:02 · answer #1 · answered by wizjp 7 · 3⤊ 0⤋
First of all, if your Aunt is your Dad's sister, she is also an heir. However, if you are your dad's only child, then you are likely his closest living heir.
If there was no will, you should check to make sure your Aunt didn't somehow have a legal interest in the house. If she did, you might be out of luck. If not, she likely never had authority to sell the house. You should contact an attorney to check into these issues because you may be able to get the sale invalidated. Then the person who bought the house from your Aunt would have to sue her, not you.
Good luck.
2007-12-07 08:17:10 · answer #2 · answered by Reepicheep 2 · 0⤊ 1⤋
If your aunt was not named in his will, and was not the executor of the estate, then you may be able to get the sale invalidated, or alternatively sue the title company.
You can also sue your aunt, of course, but if she's spent the money, is there any point?
The first thing is to check what went on with the will. Probate law is complex, sorry, and you'll really need to speak to a probate lawyer.
Richard
2007-12-07 07:20:59 · answer #3 · answered by rickinnocal 7 · 3⤊ 0⤋
You can place her in jail go to the police, family sucks a lot sometimes.
2007-12-07 07:14:17 · answer #4 · answered by Anonymous · 0⤊ 1⤋