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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
