This is my quandry.

[RICHARD]

My current problem(s) have me so worried that I don't know what to do except pray.


The Sunday before Labor Day I woke up to a man trying to put an auction sale sign up on the front lawn.

THe sign is from a real estate firm hired by the probate court to sell the both the properties from my mom's estate to settle it.

There is no mortgage on either, she owned both properties free and clear.

Becaus he family split down the middle regarding the estate we decided to let the court take the case and my side would propose a buyout of the other side of the family.

All the prior hearings were just to find out what the estate owed and we didn't have to be there in court.

----------------

Because I was trying to keep things separate, I opened a separate email account to get info on what was going on and so much time had passed that
I slacked off opening it up.

I went back to look at the email acct and saw that there was an message from my lawyer asking me if I knew there was a court date, two days before it was supposed to take place.

Because I let my guard down and was stupid the date came and went w/o me knowing about it.


This company gave me 20 days -- an open house this Saturday and the auction on the 25th.

I am so panicked and heartbroken that I just cannot handle it.

I know I should have been more vigilant, but I cannot see how a company could step in and just execute a court order w/o out telling us.

There is one hitch about the paperwork that hearing produced...it's missing the case number assigned to the case.

I am hoping-no, I am praying that IT may be a mistake and somehow we are caught in a 'black hole' of paperwork.

I don't even want to know what I have to do should the house be sold.

I just need prayers and hope for some kind of miracle or ?????

The small bright spot is that there is a hearing scheduled for October. But, only god knows what will happen and he is not telling.

Think about me and pray that my stupidity didn't allow this to happen.

Thanks.

[pomtzu]

How can they do that? Wouldn't you have to be notified by certified mail of that court date that you missed? Something doesn't sound right.

[Karen]

Richard, I would call the state bar association and ask them what to do, or for a recommendation for a good, impartial lawyer who has experience with estate law and probate.

Meanwhile, you will be in our prayers.

[Husky_mom]

How can they do that? Wouldn't you have to be notified by certified mail of that court date that you missed? Something doesn't sound right.

my exact same thoughts.. just to be sure you are aware..

then again.. if the property is all paid up.. why would you have this hassle.. the estate is owing.. but not you or your mom.. if they were free and clear.. and no mortgage.. I just don´t get it..

anyhow.. you´ll be in our thoughts.. ((sissy hugs from me))..(as in sisterly..)

[caseysmom]

Someone should have made sure you knew. Tell your lawyer to fix it or you will report him to the state bar.

Family stuff like that sucks I went through it when my mom died too.

Your mom is gonna have some fun scaring the crud out of someone...

[lizbud]

Oh man, Richard. Did your lawyer represent you at all during the court
case? It probably hurt your chances a lot by not appearing (I'm not a lawyer
so I really don't know for sure) but still. I would have a face to face with the
attorney and ask for his help (big time) with this. Prayers that you & Ed can
get this worked out so you don't lose your home.

[cassiesmom]

Would your attorney's office not have mailed or overnighted you a copy of the court's document? Also, would they not have called in addition to e-mail to ensure that you knew of the date. That seems odd to me.

Hugs and prayers,
Elyse

[Freedom]

1. Call your lawyer - the one who sent the email - and ask what the H*LL is happening?

2. DO WHAT KAREN SUGGESTED

[RICHARD]

I have to see the lawyer tomorrow.

So I will get some ??? answered.

He was just told there was a hearing on the 20th - but he was never given anything to at least let him know what happened afterwards, he was as much in the dark as we are.

I think -and will find out tomorrow- why he never got any paperword re the sale.

That leads me to believe that something is desperately wrong here.

---
The best part about this is the weight you can lose while worrying. I kid, I kid.

thanks for the advice and thoughts.

[Cataholic]

The lawyer did nothing wrong, to report him/her would be mean spirited.

The probate court didn't do anything, the executor of the estate (or the administrator) hired an auction company to sell the property for one of two reasons. First, the debts on the estate (which include legal bills) are due and owing and there wasn't sufficient cash to pay them off. Second, the fighting factions couldn't agree on what to do with the real estate, so there was a court ordered sale, which was put in place by one side's attorney. The attorney would have petitioned the court to partition the property.

Anyone can buy the property, including Richard and his siblings, or a third party. To get to this stage of the proceedings, where there is a auction, one would have overlooked more than one piece of mail.

The debts of the estate 'deserve' to be paid from the assets of the estate, whether that be cash, bonds, insurance proceeds or the sale of any asset. It is just the way it is.

Richard, call the attorney that represents the executor/administrator. As one of the beneficiaries of the estate, he/she will talk to you. Was the a will? If so, how was the property left? To all of you? If no will, then it follows the laws of the state of Cali, according to the statue of descent and distribution. Usually it would be an even split among then living children (if the parents are both gone).

You don't have much time, but you do have some options.

[Medusa]

Well, it's good to know that you do have some options, Richard. I can't offer anything other than prayers and they're going up right now. Keep the faythe, buddy.

[RICHARD]

The lawyer did nothing wrong, to report him/her would be mean spirited.

The probate court didn't do anything, the executor of the estate (or the administrator) hired an auction company to sell the property for one of two reasons. First, the debts on the estate (which include legal bills) are due and owing and there wasn't sufficient cash to pay them off. Second, the fighting factions couldn't agree on what to do with the real estate, so there was a court ordered sale, which was put in place by one side's attorney. The attorney would have petitioned the court to partition the property.

Anyone can buy the property, including Richard and his siblings, or a third party. To get to this stage of the proceedings, where there is a auction, one would have overlooked more than one piece of mail.

The debts of the estate 'deserve' to be paid from the assets of the estate, whether that be cash, bonds, insurance proceeds or the sale of any asset. It is just the way it is.

Richard, call the attorney that represents the executor/administrator. As one of the beneficiaries of the estate, he/she will talk to you. Was the a will? If so, how was the property left? To all of you? If no will, then it follows the laws of the state of Cali, according to the statue of descent and distribution. Usually it would be an even split among then living children (if the parents are both gone).

You don't have much time, but you do have some options.

NO will, my mom 'orally appointed' my sis and I to take care of the estate, My sister said she didn't want to have anything to do with the estate and told my brother he was in charge-but she does want the money.

He ran to his lawyer and began the wheels in motion,

I wanted to sell one property, pay off the bills, split the rest, then have all the sibs put their names on the deed and, with a proper agreement, be able to borrow money against their part of the house.

My lawyer didn't know that the court had even bound the estate over to be sold. There are two different entities, and three employees involved.

The tax collector, the Superior Court -two of their reps. I tried to get a hold of the original person who never returned any of my calls, the case was referred to ANOTHER person who referred my lawyer back to the original woman who I tried to contact.

BTW,
My brother has collected almost 20,000 dollars in rent fees from the other property and I do not know where the money went.

I tried to collect the rent and the renter told me that she would not hand over the money. I sent a note thru my lawyer to his that I wanted receipts from the rent and an accounting of the money and never heard anything about it, so I wanted to present that as part of our proposal.

This is such a c-eff that it's gonna kill me.

Thanks for the ideas.

[Bonny]

Good Thoughts & Prayers sent your way Richard. I was an executor of my moms estate & we had a estate/ probate lawyer. He made sure my sister was informed on paper through the whole process with his signature & mine on it. The only thing I can think of there should of been some kind of notice by mail on paper that would make it offical to let you know what was & is going on? There has to be some kind of a paper trail to back track.

[caseysmom]

I have been through 2 probates. One I was administrator. I had to account for every last penny. Your brother will be in big trouble if the 20,000 goes unaccounted for. You do have recourse. I would call the attorney handling the probate.

[Laura's Babies]

Could you come up with the $$$ to buy out your part for your house? I would see where I could make a offer to do that and do it if it is allowed...