C
cdela
Guest
What is the name of your state? California
I purchased property with my mother and sister, each as to an undivided interest as tenants in common, in the state of California. I paid all the cost for my mother with the understanding (promissory note) that she would repay me at a latter day or at the sale of the property. I brought out my sister’s share in the property. My mother died ten years ago and I believed that the promissory note gave me full title to the property. I want to sell the property, but I am being told that I have to go through the probate process because my mother’s name is still on the property. And that one-third of the value of the property at the time of her death is to be divided between my siblings.
My questions are:
1. Can I collect on the promissory note before any money is distributed at the close of probate?
2. If my siblings take title on the property, can I levy their property and any other assets to satisfy the promissory note?
3. Are there any other options that I can take?
4. Do I have to file a levy against my mother’s one-third share of the property to guarantee that the promissory note will be honored before the distributions of monies at the close of probate?
I purchased property with my mother and sister, each as to an undivided interest as tenants in common, in the state of California. I paid all the cost for my mother with the understanding (promissory note) that she would repay me at a latter day or at the sale of the property. I brought out my sister’s share in the property. My mother died ten years ago and I believed that the promissory note gave me full title to the property. I want to sell the property, but I am being told that I have to go through the probate process because my mother’s name is still on the property. And that one-third of the value of the property at the time of her death is to be divided between my siblings.
My questions are:
1. Can I collect on the promissory note before any money is distributed at the close of probate?
2. If my siblings take title on the property, can I levy their property and any other assets to satisfy the promissory note?
3. Are there any other options that I can take?
4. Do I have to file a levy against my mother’s one-third share of the property to guarantee that the promissory note will be honored before the distributions of monies at the close of probate?