Legal Question in Wills and Trusts in California
What do I need to claim foreclosure surplus money of deceased mother?
My mother-in-law passed away about 9 mo. ago. After a long unfair fight with the mortgage co, attorneys, endless nites of research and stress.We lost the house. No probate was filed and it was the only item in the will. It was stated that the property was to be divided amoung all 4 children. They all sent our (at that time attorney) thier release of interest forms and agreement not to protest etc.
But nothing came of it because of a tax lien, I have found out since it could have been avoided. We had to be out of the home by 7-24 and just received a letter that my mother-inlaw has surplus funds due from the trust deed sale, and needs to sign a releaseofliability form. Can my husband claim this without probate or court? We are presently in a motel!!!!!! Badly in need of this money and fully earned it! What will he need to present to the title co? PLEASE HELP AS SOON AS POSSIBLE!
2 Answers from Attorneys
Re: What do I need to claim foreclosure surplus money of deceased mother?
I would be interested in hearing more details of what lead up to the foreclosure. You said that attorneys were involved, but you do not indicate whom the represented.
It sounds as if the property was more valuable than the amount owed, which is why there is a surplus from the sale. It would have made a lot of sense to sell the property on the open market to realize more money.
Please email me with more details, or call my office. 925-924-0100.
Re: What do I need to claim foreclosure surplus money of deceased mother?
If the estate property amount is less than $100,000, the beneficiaries can sign (and have notarized) a small estate declaration form, which can be prepared quickly by an attorney. However, if the estate still has creditors (tax liens, medical bills, etc.), the beneficiaries are liable for the debts up to the amount they received from the estate.
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