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Administrator wants house, won't close probate.

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xcuzme

Guest
What is the name of your state?CA. father passed suddenly. No will. 3 children. Sibling X named administrator. Bond waiver signed by myself and sibling Y. Sibling X has lived in the house with our father for several years now and has decided not to sell it but keep it. Sibling X can't get a loan for the house. Big concern is that sibling x will use estate cash on hand to pay off the mortgage and just stay in the house and keep probate open indefinitely. Can this be done? Within weeks expensive items "dissappeared" from the house. I'd really like to see this wound up soon. Creditor claims are all in and supposedly paid off. Mortgage is the big kicker and I can't get any response from the estate attorney. Copies of records have been requested, but nothing ever shows up. Can estate cash be used to pay off real estate or does the house need to pay for itself? Can a sale be forced? Could really use some help here. Thanks.
 


whatsagirltodo

Junior Member
First i am not a lawyer, but i am in the same boat as you.

My mom has been gone since Sept. 2002. All though my mom did have a will, my Brother(executor) has done the same thing. The house sat empty for over a year while the estate was paying the mortgage, taxes and everything else to go along. Brother(executor) moved into the house and estate was still paying all the bills.Now there is nothing left. The only resourse is selling the house which is not gonna happen for another 5 months, in my case. His plan was to get the mortgage down as far as possible..drain the estate, than buy it. He has taken out loans, he says "for the estate" to be able to keep paying the mortgage and is billing the estate for these and i can get no accounting, after asking several times. So in the end these "loans to the estate" will come out of my share of the sale of the house because he drug it out so long, so in the end i will end up with not even a dime. So my advice hire your own laywer and have sibling x removed or talk with a lawyer and see what all options are.As far as i know Probate can go on and on, until someone steps in. Don't make the mistake i have, it's too late for me.
 

Dandy Don

Senior Member
At some point during probate process, deed is going to be changed to reflect the names of the heirs. If you are able to attend any of the probate court hearings, you should be able to find out information there. If sibling x is smart he will use estate cash to pay off the remaining mortgage, and then buy out/pay the other siblings their share if he wants to purchase the home--but of course that may not happen if he thinks (wrongfully) he can go on living there for free, but you or your attorney need to inform him that he needs to let the other siblings know what his intentions are about the house and also inform him that if he wants ownership he needs to make a buyout offer to the siblings (otherwise, if the mortgage is not paid, the mortgage company is going to foreclose on the home, sell it to get their money back, and the heirs may not get anything at all from it). He can't keep probate open indefinitely, and that is not a fear to be concerned about--at some point within the next year it will close.

DANDY DON IN OKLAHOMA ([email protected])
 

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