Lancaster, CA asked in Probate for California

Q: my mom notarized a letter, to sell her home (with mortgage) and split proceeds equally with siblings. Is Probate needed

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3 Lawyer Answers
David Ostrove
David Ostrove
PREMIUM
Answered
  • Estate Planning Lawyer
  • Los Angeles, CA
  • Licensed in California

A: Maybe the letter qualifies as a handwritten will. You need to take it to a lawyer to find out. Maybe the letter could qualify as a trust. I don't know . You need to take it to a lawyer who prepares wills and trusts and does probate and trust work. Maybe the letter qualifies as a deed. You need to take the letter to a lawyer in the probate and trust field.

Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Probate Lawyer
  • Crossville, TN
  • Licensed in California

A: In order to close the sale, somebody needs to be appointed who has authority to sign the deed. That somebody is appointed by the probate court.

John B. Palley
John B. Palley
Answered
  • Probate Lawyer
  • Roseville, CA
  • Licensed in California

A: It sounds like the transaction was not completed. Did the buyers sign anything where they agreed to pay the mortgage? So that would be one of my several concerns. Also Without going through a title company I doubt the buyers would have good title so that might not be able to sell in future. I thus think probate court is likely needed. However, it’s possible probate can be avoided. An attorney would need to review the documents.

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