If my mother died without a Will and my brother is trying to sell her condo without my consent, what legal actions can I take to make sure I get my share?

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If my mother died without a Will and my brother is trying to sell her condo without my consent, what legal actions can I take to make sure I get my share?

She had a mortgage on it. Her assets did not go through probate.

Asked on July 3, 2015 under Real Estate Law, California

Answers:

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

Answered 5 years ago | Contributor

I am so sorry for your loss and for the troubles you are having.  If your Mother died without a WIll she is said to have died "intestate" and the intestacy laws in her state will apply.  Generally siblings share equally and have equal rights.  Additionally, your brother can not trasnfer the condo if it is in your Mother's name unless he is appointed as the fiduciary of her estate, i.e., probate of some sort.  I would seek to be appointed as the Administrator of her estate and seize her assets.  Good luck.


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