Out of State Home in Probate....

[quincy]

I think you and your brother need to arrange a meeting with an experienced attorney in California because there are a lot of questions that require more information than you will be able to provide in a forum setting.

 

[quincy]

Here is some information from the Consumer Financial Protection Bureau, on Reverse Mortgages:

https://www.consumerfinance.gov/ask-cfpb/with-a-reverse-mortgage-loan-can-my-heirs-keep-or-sell-my-home-after-i-die-en-242/#:~:text=MAY 28, 2024,With a reverse mortgage loan, can my heirs keep or,my home after I die?&text=It depends on whether there,an attorney for more information.

 

[zddoodah]

1. Did your father hold title to the condo solely in his name? If not, please explain how title was held. * Jointly wife deceased
2. What is the fair-market value of the condo? * before we knew the appliances were gone 535,000 listed for 495,000
3. What is the balance of any mortgage(s) against the condo?* Reverse Mortgage approximately 200,000 and HOA 7,000
4. Did your father have any other significant assets? * No other significant assets

OK...so this estate cannot be handled through the small estate process. Full probate is necessary.

7. Please explain what exactly "the condo was left to us" means. For example, did he have a will that provided, in effect, "title to my condo located at 1234 Hill Street in Signal Hill shall be transferred jointly to my two children"? * As per an in person conversation with my stepsister she stated she was moving to Texas and got her share when her Mother passed. The condo was to be for me and my brother.

You didn't answer my question. What exactly did your father's will say about the disposition of the condo?

You also didn't answer a lot of the other questions. It sounds to me like your brother is seriously dropping the ball. If he doesn't have an attorney representing him, he is almost certainly in breach of the indemnity agreement he signed when he obtained the bond. He's also likely in breach of his fiduciary duties as personal representative of the estate. He needs to retain legal counsel before he irreparably screws this up.

what I'm asking is can the stepsister take the appliances without at the very least say something to us first?

Sounds like she did exactly that. Should she have done so? Maybe not (although it's not at all clear what she and her husband were asked to do). However, if she's moved, what is your brother going to do about it?

If you're brother isn't doing his job as personal rep, you can seek to have him removed and replaced by someone more competent. If you want to pursue that, you should consult a probate attorney in the Long Beach area.

 

[quincy]

… He had hired Clear Estates because we are both ignorant about this whole process. They assigned a paralegal and she was to get the bond and she changed her mind …

… Again, the only representation he has is Clear Estates. …

It is probably important to note that Clear Estate is an online estate settlement firm founded in 2020 and based in Canada. It is not a law firm.

It is possible that some of the problems you have encountered could be due to the online company’s unfamiliarity with California laws.

Although an online-route potentially can be used to save money for simple estates, it sounds to me like you and your brother need a lawyer licensed to practice law in California. The attorney you hire can provide you with a personal review of what has happened to date with your father’s estate and advise you on where you need to go from here.

Again, check the real estate listing to see who is listed as owner of the property. My fear is that it might be the reverse mortgage lender.

 

[MillsE]

Here is some information from the Consumer Financial Protection Bureau, on Reverse Mortgages:

https://www.consumerfinance.gov/ask-cfpb/with-a-reverse-mortgage-loan-can-my-heirs-keep-or-sell-my-home-after-i-die-en-242/#:~:text=MAY 28, 2024,With a reverse mortgage loan, can my heirs keep or,my home after I die?&text=It depends on whether there,an attorney for more information.

Whatever is up with the reverse mortgage seems to be at bay..... no issues there so whatever was the arrangement seems to be all good. Thank you so much for your input and I have saved the above link thank you......

 

[MillsE]

OK...so this estate cannot be handled through the small estate process. Full probate is necessary.




You didn't answer my question. What exactly did your father's will say about the disposition of the condo?

You also didn't answer a lot of the other questions. It sounds to me like your brother is seriously dropping the ball. If he doesn't have an attorney representing him, he is almost certainly in breach of the indemnity agreement he signed when he obtained the bond. He's also likely in breach of his fiduciary duties as personal representative of the estate. He needs to retain legal counsel before he irreparably screws this up.




Sounds like she did exactly that. Should she have done so? Maybe not (although it's not at all clear what she and her husband were asked to do). However, if she's moved, what is your brother going to do about it?

If you're brother isn't doing his job as personal rep, you can seek to have him removed and replaced by someone more competent. If you want to pursue that, you should consult a probate attorney in the Long Beach area.

Thank you for your reply. I appreciate the knowledge you have forwarded to me, and I will speak with my brother.
There was no will, only the word of my stepsister. She and her husband were not asked to have any involvement with the condo at all. They were not asked to clear out the condo. When my Brother and I left California in December after Dads death, they were moving to Texas, and they would not be returning to the condo. So they were not asked to do anything with the condo and they went and gave the appliances away or maybe they took them with who knows..... but they gave the washer and dryer to a charity but they cannot remember what charity.
That said, I will seek to remove him. I will contact a probate attorney in Long Beach.
And just for background... when Mom and Dad divorced we became out of sight out of mind for 40+ years as far as any communication or relationship with Dad. Again Thank you

 

[quincy]

Thank you for your reply. I appreciate the knowledge you have forwarded to me, and I will speak with my brother.
There was no will, only the word of my stepsister. She and her husband were not asked to have any involvement with the condo at all. They were not asked to clear out the condo. When my Brother and I left California in December after Dads death, they were moving to Texas, and they would not be returning to the condo. So they were not asked to do anything with the condo and they went and gave the appliances away or maybe they took them with who knows..... but they gave the washer and dryer to a charity but they cannot remember what charity.
That said, I will seek to remove him. I will contact a probate attorney in Long Beach.
And just for background... when Mom and Dad divorced we became out of sight out of mind for 40+ years as far as any communication or relationship with Dad. Again Thank you

Look for the name on the listing. That could offer an explanation.

We all appreciate the thanks, so thank you.

Good luck.