Legal Question in Real Estate Law in California

Re: Unsecured Straight Note

Even if she is what she claims to be, that does not mean she is the sole beneficiary of the payee's estate. For your own protection, you need to make te periodic payment into a trust account. Tell her you need a Court Order or an equal guarantee before you can pay anyone the money.

Re: Unsecured Straight Note

The answer to the question may depend upon whether this note is a bearer instrument or specifies a payee. I assume from the facts it is payable to the deceased person and that person did not endorse the note before passing away. In any event, if the woman who approached you did not have physical possession of the original note, I recommend not paying her anything until her right to payment is clarified by some kind of probate court order. Even if she is who she says she is, that alone is insufficient to pinpoint her as the sole heir (although possession of a note payable to bearer would entitle her, as the bearer, to payment).

Note in particular that a person's relationship to the deceased does not always make that person an heir. The deceased may have left the note to his favorite charity.

Re: Unsecured Straight Note

You didnt mention how much it is for, whether it is transferable, etc. If it is a contract, and you hire me, I might argue the contract was extinguished when the payee died - whether you can do this or not depends...

Best,

Daniel Bakondi, Esq.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

Re: Unsecured Straight Note

You didnt mention how much it is for, whether it is transferable, etc. If it is a contract, and you hire me, I might argue the contract was extinguished when the payee died - whether you can do this or not depends...

Best,

Daniel Bakondi, Esq.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.