Q: In CA dad died intestate, made heir w/ brother, been paying mortgage. Selling house, can we get paid back?
The estate was small so was not probate. Have been paying mortgage, HOA, etc so condo doesn't go into foreclosure. Are we able to reclaim any of the money we have been paying or do we have to pay creditors first?
A: Creditors of the estate must be paid before any beneficiaries receive any inheritance. If you have been advancing money to the estate, then you are also a creditor and you can make a creditor claim. Even if not required, you may want to go through a formal probate petition to sort out what creditors get paid.
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