Legal Question in Wills and Trusts in California

My fianc�s sister recently died. She left a will with an appointed executor but apparently left her home out of the will. She is sole owner and still has a mortgage that I believe she is upside down in. She has two children who are not interested in inheriting the house and plan on allowing it to go into foreclosure and just walk away from it.

My question is what will happen to the home? I realize that the home will go into probate but I am not sure what will happen to it from there since her children do not want the home. The family has suggested that my fianc� and I buy the home but I am not sure how that works, is there a way that we could try to buy it without it going on the market?

Sarah B.

Concord, CA


Asked on 3/14/11, 12:17 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

All assets that a person owns are part of the estate that goes through probate. Probate does not wipe out mortgages but the loan documents with the bank probably have a all due on transfer of title clause, so the property going from her name to the estates may be considered such a transfer [the local tax collector/assessor considers it such] requiring the loan to be paid off or it will be foreclosed upon. You can approach the Bank and see what can be worked out but banks are very slow in agreeing to any type of transaction.

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Answered on 3/14/11, 12:45 pm


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