Walnut, CA asked in Estate Planning, Foreclosure and Probate for California

Q: Wells Fargo Bank foreclosed and sold a property after the owner died. Can they do that without waiting for a probate ?

After the owner died the caretaker stayed living in the house. Caretaker changed all locks and changed phone number. After the house got sold by bank the caretaker received money to move out and she took decendants personal belongings, valuables and all furniture with no accountability. Caretaker claimed to have POA but never showed it. Is this permitted in CA? It seems wrong.

1 Lawyer Answer
Kenneth Sisco
Kenneth Sisco
  • Norco, CA
  • Licensed in California

A: Few things happen automatically, without someone putting things in motion. Most likely, Wells Fargo did everything required of them by the law and the Trust Deed under which the home was sold. It is up to an heir, a friend, or even a creditor to open a probate if they have some interest is doing so. If there is an heir, they might still open a probate, and bring an action against the caregiver, if the caregiver did anything wrong. It might even be possible to set aside the foreclosure, if good cause can be shown.

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