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I am an heir to my family estate, my sister is executor. I…

Customer Question
I am an heir...

I am an heir to my family estate, my sister is executor. I offer to buy them out of family home. She refused to put the title in my name in order for me to qualify for a loan. Now they are selling the house and excepting a small down and 10 payments installments from a family friend. I will be homeless with not a large enough lump sum to reinvest. Shouldn't I hAve first rights to buy?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

California, the estate is in California and I just received a consent or object legal form in the mail. Allows me 2 weeks to sign and return

Lawyer's Assistant: What documents or supporting evidence do you have?

Evidence to what, a will, ? The will says the estate to be divided 3 ways if a family member wants to buy every possibility should be made to support the family member. My father absolutely wanted the home to stay in the family and it was stated and written and witnessed. I was to have first opportunity to buy the home. However for me to qualify for a loan the deed must be put in my name. Executor refuses to do so.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The buyer is offering a payment schedule of 10 payments with a upfront down of 200,000.00 the installments will be 18000.00 per month. All of which will be split 3 ways. Totaling 381000.00. The property appraised is worth 386000.00. My offer was to pay my siblings 127000.00 each acquiring a FHA loan as a refinance loan. However the title needs to be in my name. If i agree to their terms I will be left homeless. I lived with my father up to his last day and have continued to reside at the home up to date. I am disabled and basically the offer will be to my disadvantage in numerous ways. My father made his wishes clear that he wanted me to buy them out. My sister declared she wouldn't finance me. However will accept the offer made buy the prospective buyer.

Submitted: 9 months ago.Category: Estate Law
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Answered in 6 minutes by:
8/25/2017
Estate Lawyer: Michael Bradley,
 replied 9 months ago
Michael Bradley
Category: Estate Law
Satisfied Customers: 1,437
Experience: Owner at The Protection Group LLC
Verified

they will not put the home into your name since then you would have ownership without paying for it

you could get title and then sell and keep all of the money and there would be nothing they could do to stop you

it could be done as a purchase and then you could qualify for a mortgage and then money is paid out at same time property is in your name

if you do not think they are negotiating with you fairly then you can retain an attorney who can deal with your sister

the buyer is putting down 200,000 and 18,000 a month, a serious offer

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