Legal Question in Wills and Trusts in California
Death and the transfer of property
My aunt passed away ,left her home with 35,000 still owed on it . to her 4 children , 3 of the children have signed thier portion over to the 4th child by letter of reconvence. she had 2 mortgages the first has transfered to the childs name after seeing the death certificate the second mortgage refuses to. he wants a complete new loan so has 1 payment, loan has been approved. he paid all back bills ect on the home and is currently making all payments on house. But they say no loan until is in his name. What does he have to do?
3 Answers from Attorneys
Re: Death and the transfer of property
If the property is in Ca, did your aunt die with a will or without? If without, was there a trust? If not, the only way is to probate the property and distribute it through the probate intestacy provisions of the probate code to the children, and then they can quitclaim to the 4th child. If you need more help, email me at [email protected]
Re: Death and the transfer of property
I don't understand your question. At the end of your narrative you introduce 'he.' The presumption is of course that you're referring to the child who received deeds (maybe) from his/her siblings. However, I'm not sure that's what you mean. Rewrite the narrative and pay attention to the grammer.
Re: Death and the transfer of property
You lost me a little, but it seems that 3 children have deeded their interest to a 4th, one of the loans has changed the name to the 4th child, but the other loan has not done so.
The 4th is now trying to refinance, but you are running into a problem. That is where I get lost. Who is the problem with, the second lender or the new lender.
Call me in my office tomorrow, and I can probably get you headed in the right direction.
925-924-0100
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