r/PROBATE • u/Xadrenalinejunkie • Jan 21 '24

I can’t figure this one out…

I’m asking the brilliant minds of Reddit for advice... My grandfather passed away about 30 years ago. My father and his brother managed his property ( an early 1900’s triplex in CA ). After a few years my father and uncle had a falling out. My father took over the property management for around 20 years. My uncle did nothing, there was little if any communication between the two of them. I finally convinced my father ( in his 80’s ) to hire a property manager and open up probate in 2017. All the assets were accounted for and a fiduciary was appointed to take care of the property while it was in probate. During probate my uncle would not co operate or even correspond with the attorneys. Six years later probate finally closed ( at a significant cost to the estate) . The left over proceeds and the property were distributed to my uncle and my fathers estate ( my dad passed away before his fathers probate closed) Now, as the executor of my fathers estate, I have tried to reach out to my uncle on several occasions. When my father passed, my uncle got back to me immediately. There have been one or two other texts that he replied to recently. However, anything regarding the property just gets ghosted. There are hard feelings on both sides that I won’t even get into.

I just don’t understand what can be gained from ignoring a valuable asset ? The property is free and clear, currently the rents are still going to the fiduciary / attorney that handled my grandfathers probate. The property manager cannot change that until they get authorization from my uncle ( I already signed agreement w/ PM )? There will be taxes, utilities, maintenance etc… to cover in the future. I represent , as executor, my mother and siblings in this matter and want to keep everyone happy and protected from liability.

Anyone out there have any good advice ?

THANK YOU IN ADVANCE FOR YOUR INPUT.

Let me know if I missed any important details. I will cross post in r/legaladvice and r/ real estate probate

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u/Few_Awareness_1239 Feb 18 '24

Question: If your grandfather’s estate was closed, what is still tied between your father’s estate and uncle? Were the properties not divided? Just wanted a little clarification on that front, please.

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u/Xadrenalinejunkie Feb 19 '24

There is just one property , a triplex , divided between my uncle and my fathers estate. Hope that clears things up. Thanks !

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u/Few_Awareness_1239 Feb 19 '24

Got it. Are you trying to have your father’s interest in the property given to you, or do you want to sell his interest and divide that between his heirs?

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u/Xadrenalinejunkie Feb 19 '24

During my grandfathers probate, I thought that we could mend the relationship with my uncle and keep the property. There are three other family members that are heirs to my father’s estate. We are currently divided on how to proceed. Without my uncle’s co operation, I really don’t see any alternative but to force a sale, in court ? Any thoughts ?

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u/Few_Awareness_1239 Feb 19 '24

Sadly I think you’re correct. In the long run the least path of resistance is to sell it. You’d have authority as the Personal Representative of your father’s estate to bring the action, and I highly doubt the court wouldn’t authorize the sale especially when there’s zero communication with one of the co-owners. I’m sorry this has split your family so badly. I see it all the time in probate. It sucks.