Estate Law Questions? Ask an Estate Lawyer.
Hello and good evening.I am Ray and I will be assisting you tonight.Here if you have a 2/3 interest the court would order the land sold here as it is.Unless she is willing to purchase from the estate at a court approved price here she cannot rebuild.The judge would certainly not permit this nor would she be able to finance a loan again unless the heirs including you agreed to it and court approved it.Your lawyer here if you are represented should pursue a sale of the property.The court would set the terms.The court really should hold any insurance proceeds as they now belong to the estate and heirs if there was any.You have the right to seek to force a court ordered sale and have the lot here sold as is for what you can get for it.If the step mother wants to pay the court approved price then she could do so.Otherwise it gets listed and sold and the proceeds divide among the heirs again with court approval.If you don't have a lawyer then you may consider writing the court yourself and seeking to set a hearing on this matter and some resolution.You do have property rights in all of this that have been trampled on by the delays.Getting this back in front of the judge and a court ordered sale seems to be the only fair resolution here for you and should be your goal.I appreciate the chance to assist you tonight. Please let me know if you have more follow up. Thanks again.
If you don't have your own lawyer you may consider doing so and to seek her removal as personal representative as well as a quick court ordered sale of property.You have been denied too long here.Certainly I can understand your frustration.I think the judge if you pursue this will order such a sale.Lawyer referral just in case.http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx
Is this something that the courts will take control of if requested at this point? There is still 65K owed to the bank for the home. How will the insurance part of this be handled with the courts?
The insurance should pay the settlement into the registry of the court so the court either divides them here as part of resolution.And yes the court here should take charge of all of this and issue some orders to resolve this and move on.
I do wish you the best.I am so sorry you have had to deal with all of this.I am sure it has been very frustrating.
Chris, thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "Ray" . Best wishes and good luck to you.If it is not too much trouble, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please consider rating me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).