Azusa, CA asked in Real Estate Law for California

Q: Got a house thru seller finance process, seller dies,her son asked for mo.$$ made to him but he has no proof or will

Original Seller son sent me a document with prior owner info (owner of land before me has seller financing agreement with orig seller) stating that if she died her son would inherit the payment until its paid

The agreement does not bear my name as the new owner of the land.

Should i accept his document or shluld he go to probate since he cannot show an actual will that it belongs to him. Thank u

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1 Lawyer Answer
Richard Samuel Price
Richard Samuel Price
Answered
  • Redlands, CA
  • Licensed in California

A: As a part of the seller financing, you signed a promissory note and you should have been making payments to the holder of the note. You will continue to make payments to the holder of the note until there is an assignment of the note. If the holder has died, there is a procedure for the estate to deposit his checks.

The son will have to go to probate and have the court assign the note to him if he is the new holder of the note. Once he has an assignment, then you will make your payments to him.

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