How would you decide this case?
The County estate department told me that in the absence of a real property
clause in my uncle's Last Will and Testament at the time of his death title
to any real property in his name transferred to the Intestate heirs and that
the Personal Representative could apply to the Court for authority to sell
the real property in the absence of sufficient assets to pay the debts of
the estate. To avert sale of the real property I contacted the Personal
Representative to inform him of the following facts, request a listing of
the debts and assets of the estate and payment of debts and transfer of
title in absence of any objection by the law, the Court, the intestate heirs
or the Personal Representative in light of the following facts:
1) The real property was purchased by me at auction in the County
approximately three months prior to my uncle's death.
2) Due to the short time between the holding of the auction and its
advertisement I borrowed the required escrow deposit from my uncle. His only
financial (or other) interest in the property was his loan of the escrow
deposit. My uncle forgave this loan at the time I paid the balance of the
purchase price and offer to repay him because my mother and I were the sole
heirs to my uncle's personal property which made repayment cyclic and
3) At the time of the auction I asked the auctioneer to place my uncle's
name on the title only to secure the loan of the escrow deposit in the event
of my own death before repayment could be made. I was unaware at the time
that my uncle was not allowed to own real property as a resident of the
County retirement center in accordance with their residence rules.
4) Within one month of purchase of the real property I paid the entire
balance of the purchase price as evidenced by my cancelled check and
5) As my uncle's power of attorney I had his authorization prior to
his death to incorporate a real estate clause into his Last Will and
Testament and to transfer title to my own name but my overriding concern and
attention was directed to seeing that his proper care and wellbeing were
assured before his death rather than directing my attention away from this
duty to assure my own interest in his estate was protected.
Although the Personal Representative applied to the Court for authority to
sell the real property she failed to provide me with a list of estate assets
and debts or a sales price.
Although I have offered to accept the debt of the estate as a lien against
the real property in conjunction with transfer of title to my name in
absence of the list of estate assets and debts and a sales price more than
4,750 days have elapsed since my uncle's death under threat of sale without
settlement, explanation, listing of the debts and assets of the estate or
disclosure of a sales price. I do not know whether the motive of the
Personal Representative is to accumulate time to justify a higher fee or to
gain financial benefit from an eventual sale or to deprive me of the
personal and real property.
Perhaps the Court can determine why the Personal
Representative is withholding settlement, an explanation for the delay, a
listing of the debts and assets of the estate and disclosure of a sales
price. Surely 4,750 days since my uncle's death should be enough time to
resolve any legal issue as well as to collect, assemble and review any
information necessary for settlement. I will be sixty years old in September
and seek settlement prior to my death which most likely will occur within
the next 4,750 days.
I ask the Court to intercede and mandate settlement through placement of a
lien against the real property in the amount of the legitimate (original)
debts of the estate and in conjunction with transfer of title to my name in
light of the above facts and in absence of objection by the law, the Court
or other intestate heirs. I ask the Court to deny the Personal
Representative any financial benefit resulting from unnecessary delay in
bringing the estate to settlement.