Fontana, CA asked in Real Estate Law and Probate for California

Q: If a homeowner has been dead 5 years or so and the bank wants the payment of mortgage by such date and the power of atto

Was left to the daughter and she don't want it.can someone step in and take it

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

A: Power of attorney is not valid after death. If there was no living trust, then the estate has to go through probate for the property to be passed to heirs. It’s not likely just anyone can take the property just because the daughter doesn’t want it. This requires a comprehensive consultation with a probate attorney.

James L. Arrasmith
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Answered
  • Probate Lawyer
  • Sacramento, CA
  • Licensed in California

A: If a homeowner has passed away and the mortgage remains unpaid, the lender has the right to foreclose on the property to recover the outstanding debt. The foreclosure process involves the lender taking legal action to sell the property and recover the amount owed on the mortgage.

If the homeowner's daughter was given power of attorney, she may have the legal authority to act on behalf of the homeowner's estate. However, if she does not want to take responsibility for the mortgage payments or the property, someone else may need to step in to handle the situation.

If there is no will or estate plan in place, the property will go through probate court. The court will appoint an executor to manage the estate and distribute the assets according to California law.

If you are interested in taking over the property, you may want to consult with an attorney who specializes in probate and real estate law. They can advise you on the legal process involved in taking ownership of the property and negotiating with the lender to resolve any outstanding mortgage debt.

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