Legal Question in Wills and Trusts in California
creditor
hello:
There is 5 heirs to our mothers estate in probate in contra costa
county. Our mother had one house with a mortgage on it with $40.000
owed. The oldest heir is my sister who we regretably let administor our
mothers estate. I asked my why she did not file a creditors claim for the
mortgage and she would not tell me. My question is what reasons can you
give me for not filing a creditors claim for the mortg
Asked on 1/07/06, 11:41 am
1 Answer from Attorneys
Ken Koenen
Koenen & Tokunaga, P.C.
Re: creditor
The administrator does not file a creditor's claim, the creditor does. Since the mortgage is secured by the property, the property cannot be sold without the lender being paid. In the mean time, it is the responsibility of the estate to maintain the mortgage payments.
Answered on 1/08/06, 1:05 pm