Legal Question in Wills and Trusts in California

Executive of Estate

Hi,

My mother passed away, no surviving spouse and has a current home loan. I'm on the Grant Deed and have been making the paymemts on the home loan. The bank will not speak to me regarding the loan because they need permission from my deceased mother. She did not leave a will and I only have her death certificate. The bank wants me to produce an executive of estate or admistrator document. How do I get one. I'm in California.

Thank you!


Asked on 4/22/09, 3:27 pm

2 Answers from Attorneys

Scott Linden Scott H. Linden, Esq.

Re: Executive of Estate

Hello, I am sorry to hear of your mother's passing and now the confusion it is causing with the bank. From what you wrote, I can summize the following:

The bank is asking you to start a Probate and show them "Letters Testimentary". I am not certain if this is required if you are on the grant deed.

Couple of questions: Are you also on the loan? Are the lenders aware of your presence and payments?

Our office specializes in these types of matters; notably Wills, Trusts, Estates and Probate, therefore I believe we can assist you at a minimal cost.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.

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Answered on 4/22/09, 3:44 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Executor of Estate

The executor (and letters testamentary proving the appointment of an executor) are issued by the court when probate is opened. You wouldn't need probate, most likely, if you're already on title to the property, but have the deed, will (if any) and loan documents reviewed by an attorney to see whether a probate is needed and what's needed to deal with the lender.

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Answered on 4/22/09, 5:31 pm


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