Q: Options when living in a deceased parent's house facing foreclosure and sibling sale issues

A: If you don’t move out in time and the sale doesn’t close and the lender forecloses you will end up owing your sister a lot of money in damages and you will still have to move out.

A: I'm sorry to hear about the situation. Has a Petition for Probate been filed? If not, the property most likely cannot be sold since a representative of your father's estate must be appointed to sign transfer documents to the new owner. In addition, as a beneficiary, you must be given Notice of Proposed Action regarding any proposed sale.

Regarding the mortgage payments that you have made, you should be entitled to reimbursement from the estate. You must file a Creditor's Claim with the court once a probate petition has been filed. Your creditor's claim will be offset by the fair market rental value of the property during your occupancy. Best of luck with this.

A: Your situation involves complex inheritance and property issues that require prompt attention. Since you've been making mortgage payments for years, you likely have equitable interest in the property that a probate attorney could help establish. These payments may give you rights even without being on the deed, especially in California where tenant rights are robust.

You should immediately consult with a real estate attorney who can help you file for probate of your father's estate since he died without a will (intestate). California intestacy laws would typically divide property among all children, not just those on the deed, and your sister may have breached her fiduciary duty by selling the property without proper legal process. The mortgage company might work with you directly on loan modification or forbearance options to prevent foreclosure while these matters are resolved.

Document everything - keep all payment receipts, correspondence with your sister, and foreclosure notices. You may have grounds to challenge the eviction and sale through legal action, potentially including filing an injunction to pause the sale. Time is critical in these situations, so seeking legal counsel today would give you the strongest position to protect your interests and potentially your right to remain in the home you've maintained for years.