Do You Have a Right To Sell That Half Moon Bay Probate Home?

Real Estate Agent with eXp Realty of California Silicon Valley Probate, Trust, and Investment Sales B.R.E. 01191194



Recently I have been involved with a number of families were trying to sell homes they thought they inherited or had title to, but wound up in Probate instead. Since the Probate courts are backed up, this can cause delays, heartache, and tension for the families and were problems that probably could have been avoided.


I want to say firmly, I am not a lawyer. I am a Realtor who specializes in selling homes in Probate and this is not legal advice. If you are going to be involved in intra family title changes PLEASE get the advice of a lawyer. This is complicated stuff.


I just want to give you a few examples so you can see that you should not assume anything when it comes to Probate sales.


First Example:


Mom owns home in Redwood City free and clear with no mortgage. She has 4 children and wants only 2 of the children to inherit the home. She signs a deed transfer her daughter, not a lawyer, drew up saying that instead of owning the house only in her name she gives 1/3 interest to one daughter and 1/3 interest to one son.


Mom dies. Son and daughter think they inherit the house 50/50, but that did not happeb. Deed does not say all three own as Joint Tenants. That would have provided the right of survivorship. Not only that, but daughter as executor of estate can’t sell the house. The 1/3 interest of Mom now has to go through probate and since there was no will all 4 children get to split Mom’s 1/3. Daughter has to be appointed by the Probate Court as Administrator of the Estate before she can sell the home.


It gets worse. They have to go through probate, hire a lawyer, and pay court costs for 1/3 interest in a house.


The mistake here was not spending the money up front to get advice on how to accomplish Mom’s wish that only two of her children inherit the house.


Tomorrow I will give you details on other issues that have come up in my Probate sales.


If you have any questions about selling a home in Probate in Half Moon Bay or anywhere else in the Bay area please feel free to contact me.


Marcy Moyer

Keller Williams Realty

Specializing in Probate and Trust Sales


Posted by

Marcy Moyer eXp Realty of California  Specializing in Probate and Trust Sales, and Rental Investment Properties


Comments (5)

Patricia Kennedy
RLAH Real Estate - Washington, DC
Home in the Capital

Marcy, I had one where this poor woman had her sister die with three invalid wills!  That was one expensive mess to clean up.

Nov 11, 2016 12:38 PM
John Juarez
The Medford Real Estate Team - Fremont, CA

Estate planning is important and should be done with professional help. You have give an execellent example of what can go wrong.

Nov 30, 2016 07:12 AM
Marcy Moyer
eXp Realty of California Silicon Valley Probate, Trust, and Investment Sales - Mountain View, CA
Probate, Trust, and Investment Specialist

Patricia that sounds like a nightmare.


Thanks John!

Nov 30, 2016 07:31 AM
Harriet Robertson
BrooklynnyBpo LLC - Brooklyn, NY
REO Specialist

I am looking for agents and I am not finding good ones. Anyone have a way to find good agents. 

Jan 21, 2017 01:19 PM
Harriet Robertson
BrooklynnyBpo LLC - Brooklyn, NY
REO Specialist

I know you are talking about probates but I have not been at all successful with that too much legal and too many frauds in my area


Jan 21, 2017 01:21 PM