In the Riverside Probate Court recently I saw an interesting and enlightening argument about what to do with a house that would be going through probate. (This could just have easily happened in the San Diego probate court or the San Bernardino probate court.) A brother and sister were disputing the admission of their mother’s will to probate. Either way, the house was going through probate. There was obvious animosity between them and a long history to the case.
While the case dragged on someone asked for the appointment of a special administrator. The sister was living in the house, rent-free, while the case dragged on. The probate judge was being asked to leave things this way since the trial wouldn’t happen for another six months, if that soon.
On the face of it, the request wasn’t completely absurd (though it would have helped if the sister offered to pay rent) because no knew who would wind up with the house. Even so, the judge made clear in probate the court will act to preserve the value of the estate. In a declining real estate market, the judge reasoned, the only way to do that was to have the house sold. The winner of the will contest would get the proceeds from the sale of the house.
The lesson: in the Riverside probate court expect to have the home sold if you don’t have title to it.
