Legal Question in Real Estate Law in California

Re: Real estates commission due?

The commissions should be drafted to your mother and made a part of her estate for probate. Please call me directly at (619) 222-3504.

Re: Real estates commission due?

The commissions should be paid out of escrow by a check payable either to your deceased mother or to her estate. Then, those checks and all other assets that belong or belonged to your mother must be handled, i.e. distributed to heirs, as provided by probate law. Generally, probate distributions are governed by the terms of a will and/or trust(s); if none, by the rules of intestate succession.

If your mother's estate was small, probate can be handled by simplified means, but certain legal formalities must still be followed. See Division 8 of the Probate Code, 'Disposition of Estate Without Administration.'

I stringly recommend consulting an attorney who specializes in probate matters before attempting to deal with your mother's property in any way.

Re: Real estates commission due?

Call the real estate commissioner for the State of California. And ask them about issuing the check in the name of our Mom's children. They should issue the check in your Mother's name without a problem. If they give you a problem re-ask your question. I'm not sure that going into a bank with a certified true copy of the death certificate and the check in your Mom's name is going to get the check cashed. Ask your or her bank what you should do before you give up onpicking up the check with your Mother's name on it.

Re: Real estates commission due?

This is really a probate matter. The money is owed to your mother, therefore, to your mothers estate. The check from the real estate company should be made payable to your mother, and then deposited in her bank account.

Then the proceeds of that account, along with any of her other assets should be distributed as per a will, a trust or by intestate succession through probate.