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.

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Answered on 1/08/06, 1:05 pm


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