This is my quandry.

[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.

[RICHARD]

I have been through 2 probates. One I was executioner. 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.

I killed myself to pay the property taxes on both properties while he was living it up on the cash, I would have been able to have paid off her bills, the PTs and had money left over to give to the court.

I knew that he would have to account for the cash, as a matter of fact? I prayed for the day when it would come back to haunt him. He also closed out a bank account and took all the jewelry off my my mom before the body was cold.
When, I asked him to let me see it so I could take an inventory I got three stories.

The jewelry was taken with her body and cremated-idiot forgot I worked in a hospital and know this is not true, My sister took it, and it was put in with her ashes.

LB,
IT's six kids in the share and the property we want to sell is less than the property we want to keep.

I was hoping to present the proposal to the court and even offer them a percentage of the house for the money we would not have for the buyout.

They are only interested in the cash and my side is looking at the long term and keeping the house as an investment.

[Pinot's Mom]

Richard, I am no lawyer, but it all smells fishy to me.

My thoughts and prayers are with you; I wish there was something I could do.

[krazyaboutkatz]

Richard, I am no lawyer, but it all smells fishy to me.

My thoughts and prayers are with you; I wish there was something I could do.

I agree. I sure hope that things will go your way.

[Freedom]

NO will,

Oh Richard, I am so sorry! This is what started the whole mess.

I really encourage everyone to ensure their folks make a Will, to avoid any problems. And once you are married, have children, own property -- any of those! -- you should have a Will in place as well.