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What is my next step?

The house I live in is under my great grandmother’s Trust. She past away 10 years ago and it was then passed down to my mother. My mother then passed away 3 years ago. Now my sister and I are living in it. She filed for probate by herself and I am now going in court in a couple days. I don’t want to sell the house or have her as administrator of the property.

Asked on April 8, 2018 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

I am so sorry for your loss.  If the house was part of a Trust it doesn't go through probate, unless what you are saying is that the Trust ended with your Mom and she did not have a Trust or Will?  Is that correct?  You can apply to be the co-administrator.  If you want the house you can buy her out of her half at the date of death value of your Mom's passing.    If you don't agree then she can bring a partition action to "spilt" the jointly owned property in half, which with a house means it gets ordered sold and the proceeds split.  I would speak to a lawyer asap.  Good luck.


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