Legal Question in Real Estate Law in California

Re: real estate property

So sorry to hear of your mother's passing. My sincerest condolances to you, your sister, and the rest of your family.

Not exactly sure what your question is...do you have to make payments? Certainly, or the bank will foreclose on the home and take it from you.

If you are questioning the process, then first you need to let the bank know that she passed away; best to also provide them with a verified death certificate. The loan will have to be rewritten to list you and/or your sister. You also may be able to refinance the amount over a longer periosd of time if current paments are too high.

You said that you and your sister are already listed on the grant deed as joint tenants, was your mother also listed? If so, then you will also need to file a notice of death of joint tenant with the recorder's office.

Most of the issues I think you are dealing with are standard formalities and, unfortunately, need to be dealt with while you are still grieving.

If you would like assistance with the process, or at least the location of where to get the correct forms, please do not hesitate to contact me through our firm's website at www.No-Probate.com or directly at 626-578-0708.

Again, I am sorry for your loss. Take care and warmest wishes.

Re: real estate property

Yes, you must continue to make the payments on the house. You don't mention whether or not your mother was also a joint tenant on the house; if she was, and if you and your sister were the remaining joint tenants, you now own it jointly and can sell it, or keep it, and you should file an affidavit of death of joint tenant; either way, the loan will have to be satisfied or paid off. If you and your sister were the only ones on the deed as joint tenants, then the death of your mother has no impact on the title. If your mother left a will and if there are assets that she left (aside from the house) then it must be probated; however, if the assets are minimal, then you can do a "summary probate." You need to check with a lawyer in your area; we are located in Orange County, but if you are not nearby, you can call the County Bar Association for your county and get a referral to an attorney who handles these types of matters.

Judith Deming, Esquire

Deming & Associates

(714) 997-9222

Re: real estate property

You have to determine the size of the estate and record death certificate and other forms to allow property to pass. Bank will foreclose if mortgage is not paid. Call me directly at (619) 222-3504.

Re: real estate property

Yes, payments must still be made.

Re: real estate property

Your question does not say whether your mother owned the house before her death, nor whether she was the borrower. If she were either the owner or the person responsible for the payments, you should seek legal help in your community, and you will also have to notify the bank (or other lender).