Los Angeles, CA asked in Estate Planning, Real Estate Law and Probate for California

Q: Dad died & had unpaid loan . I got sued and now have a lien on my property is that legal

He used home for collateral then dide before pay it off .. the property is still in my grams name .. but I was sued for the loan he had wirh someone else now I have. Alien on my property.. he never put the property in his name it’s always been in my grandmas

1 Lawyer Answer
Sally Bergman
Sally Bergman
  • Estate Planning Lawyer
  • San Mateo, CA
  • Licensed in California

A: If your grandmother's home is still in her name, and I'm assuming she is deceased, you must file for probate. It is the only way title to the property can pass to her heirs, typically children, then grandchildren. It's not clear when you say there's a lien on your property. If you are referring to your grandmother's property, that's not likely or can be challenged. Your father also would/should not have been able to use your grandmother's home for collateral on a loan without first at least starting a probate of your grandmother's estate.

This is not a probate you would want to try to handle without the assistance of an experienced probate attorney.

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