Legal Question in Wills and Trusts in California

Depending on the state you are in, you need to lodge a copy of the will with the Court. You are named in a Will so you have standing to be involved. Real Property generally requires probate. The Executor will be subject to court supervision. Get an attorney in your state today to protect this interest.

You need to file a lawsuit against the executor. You will not automatically be responsible for the mortgage, though you may decide to be in the end, because the executor may lose his/her interest in the house to you. If the mortgage is less than 1/2 the value of the house, you come out ahead even if you are responsible for the mortgage (and you might be able to get a judgment in that situation that the executor must reimburse you for the mortgage). But we are getting ahead of ourselves a bit. First step is to retain an attorney to review the will, figure out the status of probate of the will and title to the property, and then take action against the executor. I handle cases in Southern California from my facilities in Carlsbad, and this is the kind of case that I would consider taking on a contingent fee basis, rather than charging you hourly. If you are interested in a no-obligation initial consultation, give my office a call.