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  1. #1

    Default Order to Sell Property

    My question involves real estate located in the State of: California
    I received a summary judgement that is forcing the sale of the property on which I've lived for the past 16 years.I was
    caregiver and caretaker for my mother on this property .When she passed intestate I hired a probate attorney and was named executor .Three years passed and my younger sister's father hired an attorney for her to claim her interest in the property.
    I recently went to court concerning appointing a referee to handle the sale of the property .Coldwell Banker was named.The judge told my sisters lawyer that he would have to file the appropriate papers with the court for approval.
    Today I received a letter from the lawyer that states:Enclosed is the proposed Order appointing&&&& the referee to conduct the sale of &&&&&&.If I do not receive your approval within 5 days I will submit it as is to the court.Please be aware the referee is an officer of the court.So if you fail to cooperate with her there will be consequences.
    Included with this was a document reading:ORDER APPOINTING REFEREE TO CONDUCT SALE OF PROPERTY with a line for me to sign on and a line for the commissioner to sign on which there is no signature.
    What does all this mean? I believe the lawyer has used to his advantage my ignorance of real estate (or for that matter any legal issues)and somehow I got the wrong end of the stick.The quitclaim deed is in my name under the title of administer of the estate.Who then signs over ownership of the property?

  2. #2
    Join Date
    Apr 2009
    Posts
    321

    Default Re: Bozo Full of Hot Air

    Not sure why you think that the "bozo [is] full of hot air."

    It appears that you ignored your sibling's right to inherit part of your mother's estate. Then it appears that you pretty much ignored a partition lawsuit. And now, it appears that the court has ordered the property sold. And, if you attempt to ignore that, you will probably end up being found in contempt.

    If you are ignorant about real estate and the law, you really need to retain your own attorney.

  3. #3
    Join Date
    Mar 2007
    Posts
    9,080

    Default Re: Bozo Full of Hot Air

    I agree. You have been living on shared property for three years and your sibling wants to sell his/her portion. You, apparently, believe that you have the right to live there forever. You are incorrect.

    If you want to stay there, why not buy your sibling's share?

  4. #4

    Default Re: Bozo Full of Hot Air

    I don't know if it makes a difference but I have the quitclaim deed in my name under the title of administrator of estate.

    "The first thing we do,let's kill all the lawyers"
    Shakespeare-Henry VI

  5. #5
    Join Date
    Mar 2007
    Posts
    9,080

    Default Re: Bozo Full of Hot Air

    Quote Quoting rebeccasrevenge
    View Post
    I don't know if it makes a difference but I have the quitclaim deed in my name under the title of administrator of estate.

    "The first thing we do,let's kill all the lawyers"
    Shakespeare-Henry VI
    It doesn't make any difference and my questions still stand and wait to be answered.

    As to your quote... first, you do realize that the speaker said that as the surest way to chaos and tyranny was to kill the lawyers... and second, if you want our help for free, why would you be making lawyer jokes?

    Should we be making "people that are uninformed about the law and just want to keep property that doesn't belong to them forever" jokes?

  6. #6

    Default Re: Bozo Full of Hot Air

    Because he is a Bozo.

    Isn't that in effect what you're doing?

    P.S I realize the intent of that quote ,I was stating it literally.

    Your statement lends truth to the adage:You get what you paid for.
    So long Shysters!

  7. #7
    Join Date
    Mar 2007
    Posts
    9,080

    Default Re: Bozo Full of Hot Air

    Quote Quoting rebeccasrevenge
    View Post
    Because he is a Bozo.

    Isn't that in effect what you're doing?

    P.S I realize the intent of that quote ,I was stating it literally.

    Your statement lends truth to the adage:You get what you paid for.
    So long Shysters!
    Ah, so you are one of the posters that believes unless we give you the answer you want, we must all be shysters.

    And the answer you wanted was "Yes, you can use your status as executor to keep your sibling from realizing their interest in the land you are living upon forever." Unfortunately, that isn't the correct answer.

    I agree with you, though. You should leave and FINALLY contact an attorney. Make sure you tell him/her that there were already two court dates that you believed could be ignored without penalty.

    Good luck.

  8. #8
    Join Date
    Apr 2009
    Posts
    321

    Default Re: Bozo Full of Hot Air

    Out of curiosity, whose bright idea was it to put "the quitclaim deed in my name under the title of administrator of estate?"

    Never mind.

    You'll have enough time to think things over when the court gives you some time in jail for ignoring the court's orders.

    Quote Quoting cyjeff
    View Post
    Ah, so you are one of the posters that believes unless we give you the answer you want, we must all be shysters.

    And the answer you wanted was "Yes, you can use your status as executor to keep your sibling from realizing their interest in the land you are living upon forever." Unfortunately, that isn't the correct answer.

    I agree with you, though. You should leave and FINALLY contact an attorney. Make sure you tell him/her that there were already two court dates that you believed could be ignored without penalty.

    Good luck.
    Check the poster's history, cyjeff.

    Either a troll or a real little sweetheart.

  9. #9

    Default Re: Bozo Full of Hot Air

    I suppose this site offers you many potential clients whose gullibility must be like manna from heaven to you.Hey,I understand after all you do have to pay for those student loans to Rushmore University,Cayman Islands

  10. #10

    Default Re: Bozo Full of Hot Air

    The law is an ass.Charles Dickens.And so apparently are the lawyers,well at least two.

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