Legal Question in Real Estate Law in California

My mom just died last month, & I'm 25years old, & I have a brother thats 15 years old.

We have lived in this house for 14 years, & the mortage is 2 months behide. I want to keep

the house, but my mom didnt have a will, & they took my car last night, because it was in

her her name and they said because she was dead; the contact was voided. I was going

to pay the mortage today, but now after them taking my car that was current on

payments. I don't know what to do & was are my options? I can afford to take over the

house but my credit is bad. I'm stable on my job for 6 years in management.


Asked on 11/19/10, 3:22 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Two suggestions. First, iheriting a house is not as simple as falling off a log, especially when there is neither a will nor a living trust. The house may be yours and your brother's, but maybe not, and it may depend upon whether there are other siblings, or maybe an estranged husband or other descendants. To get the house titles in the proper name or names, there needs to be a legal process, probably a standard probate. Technically, it seems, you mother died intestate, and there is a statutory process for determining heirs and transferring legal title to them. I'd suggest you look for local lawyers who hold themselves out as specializing in administration of estates, or "wills, trusts and estates," or something like that. There are certain maximum fees they can charge and it won't be outlandishly expensive to get your mom's affairs wound up properly. Look for a lawyer you can get along with well and one with enough time to give your situation prompt and full attention. Your case should be simple and you don't need a super-expert, but I do strongly recommend that it be someone who specializes in probate and estates.

My second thought is that the repossession of the car may be improper. I can see that if it were a lease, death of the lessee might cause a termination -- but an outright purchase should be a different matter. The heir should have the opportunity to reinstate or pay off the loan balance, I would think, under the Rees-Levering Motor Vehicle Sales and Finance Act (Civil Code sections 2981 et seq.) . Ask the probate lawyer about this, too.

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Answered on 11/24/10, 5:32 pm


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