Legal Question in Wills and Trusts in California
Was only Common Law Wife for many years. He had the house in his name. My permanent address has always been there no matter where else I lived. He just passed. I find out in a will, which hasn't been validated yet that he left the house to me; but he still owed a balance on the house. VA loan. I am a Vet, too; that's how we met; but am wondering if there is any chance I can get the house and how that might happen with a balance owing.
1 Answer from Attorneys
I'm not sure what you mean by the will hasn't been "validated yet." In any case, however, you need to open a probate case and lodge the will with the court. If the will does indeed leave the house to you, you will receive court papers that get recorded in the county recorder's office making you the owner of the property. While that is all being handled, the executor of the will needs to work with the bank and you (or if you are the executor too, you need to work with the bank), to determine if you can assume the loan or if you have to finance the debt into a loan in your name. If the bank will not let you assume the loan, you have to pay it off, either by a new loan in your name, or by selling the property, paying the loan and taking whatever is left.