My father recently died with no will and no transfer on death deed on his home. Could the mortgage lender sell his mortgaged home before probate is finished ? If they can or do, will the estate receive the sale amount minus outstanding balance ?
Yes. If there’s a deed of trust recorded against property, no permission is required before a property can be sold by the trustee, assuming normal notification protocols are followed. If there’s a profit, the estate will get the profit.
I’ve been separated for 7 yrs but was still married to him. I’m not on the apartment lease Nor lived there. My late husband’s mother signed the lease so that he could get the apartment. She did not live at the apartment.
Who will be held liable for paying the apartment lease, the... Read more »
Since both signed the lease agreement, both are jointly and severally liable for all lease obligations, including payment of monthly rent. If mom cannot pay, a probate estate for the decedent can be opened by the creditor by a petition for probate in order to have a legal representative appointed...Read more »
The son inherited all assets in a trust. I am 72 and guardian of my great granddaughter since her mother and grandmother both died. I have told the son he can come and get the truck. He says that I must return it or he'll tell the police I stole it. I told him he could come and pick it up,... Read more »
No, you've not stolen the vehicle. You were permitted to use it while the vehicle owner was alive. Now that the vehicle owner has died, his heirs are entitled to ownership and possession of the vehicle. There's nothing that you're doing to prevent these heirs from picking up the...Read more »
I am the trustee on my mother in law's living trust. When she passes, her mobile home will be transferred to my sister in law who lives with her and serves as her care giver. She presently has as lifetime rental/lease agreement with the mobile home park. Does the lease agreement transfer with... Read more »
No. A lease is merely a tenant’s right to possession of property during the lease term. You said that your mother in law was the tenant and the lease term was the life of your mother in law. Once she passes, the lease comes to an end by its terms. The mobile home on the other hand was owned...Read more »
Yes. A Heggstad petition is a request filed by the trustee of a trust with the probate court to confirm the validity of a trust, the name of the trustee, and the existence of trust assets. It’s often used to avoid a full probate of the estate which can cost thousands of dollars and take 12-18...Read more »
When my dad passes, and I inherit his house, I have been informed that under Prop 58 I can keep the Prop 13 benefit that my dad has. However, if I were to sell the house, can I therefore transfer that Prop 13 benefit to another residence in a reciprocal county? If so, do I need to be a resident... Read more »
You're referring to California Prop 60 and Prop 90. Here's a link to the California Board of Equalization website which explains the requirements of the law: https://www.boe.ca.gov/proptaxes/prop60-90_55over.htm
Now that your aunt has been legally conserved, it's really not up to you to decide whether your aunt should be conserved or not, it's now up to the court, the court investigator, and your aunt's attorney to decide that matter. Your opinion certainly matters, but the court will...Read more »
No. If you receive Medi-Cal, SSI, TANF, SSDI, VA or IHSS benefits, a house in which you reside is considered a non-countable resource in your benefits determination. If you receive Section 8 housing however, a house will jeopardize those benefits. Food stamps are based on income, not assets,...Read more »
The only way to prevent this wrong from occurring is to conserve your mother with notice to her and the entire family and a court hearing. The process is both time consuming and expensive and may not make you any friends, but if your mother needs help to prevent the undue influence of other...Read more »
My father just passed away today. My oldest brother is planning to immediately cremate and then scatter his ashes. He is also the custodian of my father while he was in elderly care facilities. We all agreed on the cremation. However, my other younger brothers and I want to have the ashes stay in... Read more »
Generally, no. The trust agreement does not need to be filed (recorded) with the county recorder's office, but any deed which is intended to convey legal ownership of real property to the trust needs to be recorded. It's generally not good enough to simply list the property in a...Read more »
No, but you do need court approval to pay yourself anything out of the estate. Keep your receipts and submit your request for reimbursement at the time of your petition for final distribution and if there’s benefit to the estate, your request for reimbursement should be approved.
You will need formal Letters from the court which authorize you to act as Administrator for the estate of the decedent. Some banks even require letters which have been certified by the court. You will also need a new federal employer identification number for the estate If you don’t already...Read more »
Settlors created the trust in 1988 naming themselves trustees and then their two adult children, a son and a daughter. The primary trust asset is property in California. The two "children" are now in their 80's. The daughter lives out of state and has never participated in the... Read more »
I agree with the previous replies. I would also add that, because your father died, his entire estate would pass under his Will, if he had one, or intestate, if he didn't, in which case his estate would pass to his heirs at law (i.e., his children). But to prove that he died and he had...Read more »
My parents are setting up a living trust and they stated that the estate lawyer is requesting my marriage license and my children's birth certificates "establish family lineage". I feel that it is my parents just trying to see if my wife and I are actually married and if my name is... Read more »
No, if the property was held as joint tenants with rights of survivorship. In that case, the property belongs to the surviving owner. A Will only has dispositive effect on individually owned assets that have no beneficiary designation.
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