Legal Question in Wills and Trusts in California

An estate, pending probate, has two properties 30 days from foreclosure. Can heirs request a stay on foreclosure? The decedent's estate includes two real estate properties. The heirs are in the process of seeking a court order to appoint an administrator for the estate. The heirs are unable to continue the payment of mortgages on the two properties, therefore, eminent foreclosure. The bank has, for the first year following the death of the decedent, the property owner, transferred funds from the decedent's bank account to pay the two mortgages, to prevent default and foreclosure. Are the heirs entitled to a stay of the foreclosure proceedings pending appointment of an administrator for the estate? Property located in the city of Oakland, Alameda County, CA.


Asked on 10/11/15, 10:15 pm

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

You would be better off filing an ex parte emergency petition for appointment of a temporary administrator to deal with the bank problem, assuming it's even possible to prevent a foreclosure at this point. If, for example, there aren't any liquid assets remaining in the estate to pay bills, then even if you were able to somehow delay the foreclosure, how are you going to solve the problem?

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Answered on 10/12/15, 8:31 am


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