Quote Originally Posted by Cataholic View Post
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.