QUESTION
How can I prolong trial for partition of property & forced sale for a year or two?
Asked on Oct 01st, 2015 on Wills and Probate - California
More details to this question:
The property in question is Mom's house and my home for 62 years. My sister (the executor) and I wound up 50-50 owners.According to the will I was to receive 25%. Two other siblings 50% and 25%. The executor was not included, she inherited a house. She is forcing the sale. I can't afford lawyers. Can't buy her out, can't refinance, don't qualify. I am not on the loan, only she is. She doesn't need this house nor cares about it, as much as I do. She owns plenty real estate. She won't help me at all, doesn't listen to reason.I lived here with Mom all my life. Helped her until the day she took her away, Isolated us from each other and finally stuck her in a nursing home where she died. I know she worried not seeing me because the morning she died I sprung up from bed at 5am, not understanding why? I have been greatly affected by all that has happened. I am deeply saddened and at times depressed. I cannot bear trials nor courts at this time. What can I do? Please advize. Thank You
1 ANSWER
Estate Litigation Attorney serving Redlands, CA
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Price Law Firm, APC
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I sympathize with your situation and I'm sorry that you have found yourself in this litigation.
You'll have to provide for your defense in this partition action. However, there are really no defenses in a partition action. Every co-owner has a right to partition and the more you fight the more expensive it is for everyone. You may be entitled to a portion of the proceeds of the sale of the property, but the more you fight, the smaller those proceeds will be.
You're not going to be able to delay this case for a year or two on your own. You're not going to be able to provide an adequate defense on your own. You need an attorney or you should just consent to the sale and get it over with.
Answered on Oct 02nd, 2015 at 9:05 AM