Riverside, CA asked in Foreclosure, Probate and Real Estate Law for California

Q: Caretaker stayed in house& took all valuables.No heir open probate til AFTER house sold in foreclosure.Why did house go?

House note was paid in full years b4. But had $70k equity line from Wells Fargo. Monthly payment was $325/mo.Home in Koreatown valued at $1.7m sold in foreclosure like a year after owner death. It generated Surplus funds. Caretaker was taking things out of home while owner was alive and continued taking after death. All valuables and bank documents taken without accountability. When i asked caretaker why her name is on bank accounts she said she had POA but she never showed me. Also Caretaker changed house locks and chains on gates same day owner of house past away! Caretaker stayed living in house until it went into foreclosure. She never tried contacting anyone from family. Caretaker was writting checks and all so we left her alone wouldnt bother her we thought she's continuing payments since she wanted to stay and took over everything. But wow never thought she would do this. Is there anything we can do about her and whatever she did or didnt do?

1 Lawyer Answer

Richard Samuel Price

Answered
  • Probate Lawyer
  • Redlands, CA
  • Licensed in California

A: You can bring litigation against the caretaker for the wrongdoing of taking the decedent's property. A power of attorney terminates at death. The question is, will you collect any money from the caretaker?

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