Stevensville, MI asked in Estate Planning and Real Estate Law for California

Q: Does a co-signer of a home need waiver of bond by heir or beneficiary to refinance?

Our father passed away a year ago and left no Will. One of my brother did co-sign on the home two years ago. He is now looking to refinance and is asking to sign the forms to do so, which if I understand would make him the executor of the estate. Is that required to be able to refinance the home or are there other options? If signed and he becomes the executor is there something that we can sign that would properly distribute any monetary gain of the home between the siblings if the home ends up being sold or equity taken out?

2 Lawyer Answers
Yelena Gurevich
Yelena Gurevich
Answered
  • Estate Planning Lawyer
  • Studio City, CA
  • Licensed in California

A: Is the property in a trust? Revocable or irrevocable? If revocable, heirs/ beneficiaries don't have any rights yet unless the other co-signor passed away and made that portion irrevocable. Since the question is specific to a co-signor, you also need to clarify if the other co-signor(s) is in agreement to refinance? You need to call a lawyer and discuss your situation in a consultation.

Manuel Alzamora Juarez
PREMIUM
Manuel Alzamora Juarez pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Estate Planning Lawyer
  • Berkeley, CA
  • Licensed in California

A: Not enough information to provide a cogent answer. If you could explain, we may be able to explain. Normally, you can co-sign on a note if you have the financial means todo so. Best of luck.

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.