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What can I do?

San Jose, CA |

My dad died,left me as benifiary,of his home when he died,my brother in law executer,my sister paid to do the probate,sold the house.

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Attorney answers 5


Without reviewing the file, it is not possible to tell you what rights you might have. Your sister and brother-in-law are not necessarily at fault for selling the house, and you may have had a right to object to that sale through the probate proceeding. On the other hand, you may still be entitled to the proceeds from the sale.

I suggest you meet with an attorney who practices in the field of probate and trusts for guidance. It is not possible to provide you with specific advice in a public forum like this.


your state is not clear. Were you the only beneficiary of the house? Did you get notice of the probate? What is the current status of the probate? What happened to the sale proceeds. Were you given notice of the sale? Did your brother in law have full powers under IAEA?

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I agree with Attorneys Perry and Shultz. It is possible that your brother-in-law was within his rights as executor to sell the house (for example, it may have been the only available asset with which to pay the estate's bills). However, you need to have your own lawyer review this matter to determine whether the sale was legitimate and to protect your interest in the remaining proceeds. Good luck to you.

This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.


You should consult with an experienced trusts and estates attorney near you, soon. Your rights and remedies will depend a great deal on the facts -- what your father's estate plan (will or trust) states, what actions your brother and sister took, whether they had the authority to do so, whether court approval was obtained, whether you received notice, and how much time has passed.

This general response is not intended to create an attorney-client relationship.


You really need to call an attorney and explain the particulars and current status of this case. It sounds like your father left you the house but your brother in law who is executor and sister sold the house instead of transferring it to you. What you can do depends upon what the will says. However, since the house was sold, obviously you will not be able to get it. You would however get the money from the sale of the house if you were supposed to get the house. If you were supposed to share the house, you will get your share. That said, it sounds like maybe you don't trust your brother in law and sister. If that is the case, have an attorney review the case to make sure you are getting what you are supposed to. The longer you wait, the more bad things can happen so talk to an attorney asap.