Home Selling in Los Angeles>Question Details

pyf36, Home Buyer in Los Angeles, CA

My sister and I want to sell property belonging to three of us. One sister dead few years,property not included in estate/probate. What should we do?

Asked by pyf36, Los Angeles, CA Sun Feb 17, 2013

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15
Brian Byhower’s answer
Hello. whether you think so, or not, you probably need a probate attorney. I'm a certified probate real estate specialist and I work with many probate attorneys. I have several probate listings now. If you call me or send me a detailed message, I may be able to help. I can always ask one of the attorneys for advice, too. You really shouldn't do anything until you find out what your options are, legally.

Brian Byhower, CPRES
DRE# 01376810
Cell: 310-621-2819
bbyhower@remaxpv.com
1 vote Thank Flag Link Mon Feb 18, 2013
Call me 424-777-9377 I can sell your property!



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1 vote Thank Flag Link Mon Feb 18, 2013
Hi I am an attorney and a real estate broker. I have years of experience in probate law. I can review the probate petition and other pertinent documents files with the superior court for free. Once I review those documents I can advise you of how to proceed. I have yeats of exoerience with probate matters. You can call me at 310-721-4071
0 votes Thank Flag Link Tue Feb 19, 2013
Was the property held as Joint Tenants or Tenants in Common?
0 votes Thank Flag Link Tue Feb 19, 2013
Hi,

I am an expert in Probate, Conservatorship and Guardianship escrows.

I would be glad to look in the Superior Court at the files of both your sister and the individual who left the house to you three.

Let me refer you to a few probate attorneys.

Questions I have for you and please respond to my personal email as this is a private matter and you do not want this personal information out to every Tom Dick & Harry on Trulia.

ALYourBroker@yahoo.com

1) Who did you inherit the property from?

2) Was it in a Living Trust?

3) Was the estate of the deceased put through probate with full or limited authority.

4) If the property was put through probate were there letters of authority, and who were they made out to?

5) Do you have the death certificate for the sister, as well as the person who left you the property.

6) Were the proper federal IRS forms filed as you do not want the IRS coming back against the Personal Representative of the estate.

I MUST WARN YOU THAT THERE IS A MAJOR DANGER THAT IF YOU SELL THE PROPERTY AND THE PERSONAL REPRESENTATIVE OF THE ESTATE DID NOT DO THE FOUR MONTH NOTICE TO CREDITORS FOR YOUR SISTERS ESTATE, AS WELL AS THE ESTATE OF THE PERSON WHO LEFT THE HOUSE TO THE THREE OF YOU THEN SHOULD CREDITORS COME BACK AGAINST THE ESTATE AND THE MONEY IS LIQUIDATED TO THE HEIRS THE CREDITORS HAVE A RIGHT TO COME AGAINST THE PERSONAL REPRESENTATIVES OF YOUR SISTER, AND THE PERSONAL REPRESENTATIVE OF THE DECEASED THAT LEFT THE PROPERTY TO YOU THREE.

THERE HAVE BEEN CASES WHERE THE PERSONAL REPRESENTATIVE FOR NOT FOLLOWING CALIFORNIA PROBATE LAW AND FEDERAL IRS TAX LAW WHERE THE PERSONAL; REPRESENTATIVE WAS HELD LIABLE FOR HUNDREDS OF THOUSANDS OF DOLLARS IN MEDICAL AND OTHER PAST DUE BILLS.

If you do this wrong it could come back to haunt someone and bite someone in their assets for hundreds of thousands of dollars.

I would be happy to look at the probate file of either of the deceased in Superior Court for free, no obligation to see if any of these obligations were satisfied.

When can I come over and meet with you at your home, or the local Starbuck and buy you a cup of coffee?

I cannot give legal or tax advice, and the above should not be considered legal or tax advice.

Thanks for reaching out to me for help.

Best to you and your family and the deepest condolences from my family to yours.

Albert Goldberg Broker
30+ Years Experience
800-765-3609 Cellular
0 votes Thank Flag Link Tue Feb 19, 2013
pyf36

Sorry to hear about your loss. What you should do depends on the nature of your question, how you owned the property and any wills, if any left. If this is a question that seeks legal advice, I would recomend you to see an attorney first. Then, after the attorney has answer your question(s), I would be happy to be of assitance.

You can call me at 323 906 6135, Manuel Ugalde Ultrera
0 votes Thank Flag Link Tue Feb 19, 2013
First and foremost I am sorry for your Lost. I do understand that the probate process can be a little overwhelming.

My mission is to meet the needs of the estate by giving you and your family comprehensive service and assistance.

There are a series of questions I would like to go over with you and would love you to email me or give me a call directly..My email is KatherineJohnsonRealtor@gmail.com and direct 951-538-4126.

I look forward in speaking with you and assisting in statisfying your estate needs.

Gods Favor

Katherine Johnson
Certified Probate Real Estate Specialist.
dre#01205852
0 votes Thank Flag Link Mon Feb 18, 2013
I am sorry to hear about your sister. To answer your question, it depends on the ownership vesting (the way you held title) for the property...

Anyone of us should be able to help you sell the property... is just a little extra-work...
Do your due diligence... call agents and see who picks up the phone, email and see who answers, look at their recommendations and talk to them... then make a decision on who you think would be able to give you the service you need.

Do your homework, before committing to someone...

Ron Escobar, MBA
Broker
ron@select-realestate.com
(310) 691 3759
0 votes Thank Flag Link Mon Feb 18, 2013
i'm surprised that no-one has asked the very simple question of whether the three of you held the property as joint tenants, as tenants-in-common, or in some other form of ownership. if as joint tenants, i believe that title to the property would have automatically passed to the remaining joint tenants (you and your sister) upon filing the correct paperwork. of course, we, as agents, are supposed to provide you with the disclaimer that we are not attorneys and are not qualified to advise you on real estate matters.

i have 36 years of experience as a real estate professional, 26 years as a real estate broker (original salesperson in 1977, original broker's in 1983), that in addition to my experience as a real estate investor and developer.

i would be glad to discuss to discuss this matter with you privately and, if need be, to refer you to the proper professional, whether it be a probate attorney or to the attorneys for the title company (in the event of the title being a joint tenancy), which would save you quite a bit of money.

please feel free to contact me on my cell phone anytime at (310) 666-4841.

i look forward to speaking with you soon.

jay
0 votes Thank Flag Link Mon Feb 18, 2013
Hi,

I am an expert in Probate, Conservatorship and Guardianship escrows.

I would be glad to look in the Superior Court at the files of both your sister and the individual who left the house to you three.

Let me refer you to a few probate attorneys.

Questions I have for you and please respond to my personal email as this is a private matter and you do not want this personal information out to every Tom Dick & Harry on Trulia.

ALYourBroker@yahoo.com

1) Who did you inherit the property from?

2) Was it in a Living Trust?

3) Was the estate of the deceased put through probate with full or limited authority.

4) If the property was put through probate were there letters of authority, and who were they made out to?

5) Do you have the death certificate for the sister, as well as the person who left you the property.

6) Were the proper federal IRS forms filed as you do not want the IRS coming back against the Personal Representative of the estate.

I MUST WARN YOU THAT THERE IS A MAJOR DANGER THAT IF YOU SELL THE PROPERTY AND THE PERSONAL REPRESENTATIVE OF THE ESTATE DID NOT DO THE FOUR MONTH NOTICE TO CREDITORS FOR YOUR SISTERS ESTATE, AS WELL AS THE ESTATE OF THE PERSON WHO LEFT THE HOUSE TO THE THREE OF YOU THEN SHOULD CREDITORS COME BACK AGAINST THE ESTATE AND THE MONEY IS LIQUIDATED TO THE HEIRS THE CREDITORS HAVE A RIGHT TO COME AGAINST THE PERSONAL REPRESENTATIVES OF YOUR SISTER, AND THE PERSONAL REPRESENTATIVE OF THE DECEASED THAT LEFT THE PROPERTY TO YOU THREE.

THERE HAVE BEEN CASES WHERE THE PERSONAL REPRESENTATIVE FOR NOT FOLLOWING CALIFORNIA PROBATE LAW AND FEDERAL IRS TAX LAW WHERE THE PERSONAL; REPRESENTATIVE WAS HELD LIABLE FOR HUNDREDS OF THOUSANDS OF DOLLARS IN MEDICAL AND OTHER PAST DUE BILLS.

If you do this wrong it could come back to haunt someone and bite someone in their assets for hundreds of thousands of dollars.

I would be happy to look at the probate file of either of the deceased in Superior Court for free, no obligation to see if any of these obligations were satisfied.

When can I come over and meet with you at your home, or the local Starbuck and buy you a cup of coffee?

I cannot give legal or tax advice, and the above should not be considered legal or tax advice.

Thanks for reaching out to me for help.

Best to you and your family and the deepest condolences from my family to yours.

Albert Goldberg Broker
30+ Years Experience
800-765-3609 Cellular
0 votes Thank Flag Link Mon Feb 18, 2013
Dear pyf36,
I would advise you speak to a probate lawyer regarding this situation. Once you have that taken care of you will be able to list the home for sale.
0 votes Thank Flag Link Mon Feb 18, 2013
As others have suggested, you need an attorney...this is a legal matter....best of luck.
0 votes Thank Flag Link Mon Feb 18, 2013
Since RE agents are not allowed to give legal advise, I strongly suggest that your very first step is to get legal council regarding this estate.
Is a very good time to sell because of low inventory in most areas and rates are still low for buyers, but don't rush to list your property until you have details worked out by a probate attorney.

Good Luck
0 votes Thank Flag Link Mon Feb 18, 2013
Greetings,
You need to get a death certificate of your sister, then you can sell.
I am a Listing Specialist, I would love to help you, where is the property located?
I will be happy to evaluate the property for you and give you a throurough price opinion, and marketing plan.

Madelaine Kolisnyk- Realtor
Please check out my website for more seller information
https://www.madelainek.com
310.869,1712
0 votes Thank Flag Link Mon Feb 18, 2013
Yes you should get legal advise, I have sold many homes, including probates, trust sales, and standard..I can also help with preparations of what you should do to add value!
Flag Mon Feb 18, 2013
Give me a call and I can assist you.

I look forward to speaking with you soon.

Have a great day,
Heather Paul, Realtor
Coldwell Banker
310-923-2334
http://www.HeatherPaulOnline.com
0 votes Thank Flag Link Sun Feb 17, 2013
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