This is my quandry.

[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.

[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.

[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.

[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...

[Bonny]

We applied for a federal ID number besides & like Caseysmom said I had to account for every penny with a special estate checking account that was set up at a local bank.

[caseysmom]

I just corrected my post I said I was the executioner..lol I meant executor...

[CatsMeow]

Oh Richard! My thoughts and prayers fall onto you.

[momoffuzzyfaces]

Aw, Richard lots and lots of prayers are on the way from me. This makes me sort of glad my stepmom took everything dad had before he died.

[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.

[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.

[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.

[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.