Legal Question in Wills and Trusts in California
Force sale of house
My brother died recently in California without a will. He left a house that belonged to my mother who when she passed away, left the house to my brother and I in her will. The mortgage is only in my mother's name. The deed I believe is only in my and my brother's name. There is still a mortgage left on the house but since I do not live in CA then I would like to get the house sold. What responsibilities do I have for the mortgage and who can I talk to about selling the house to get what equity there is. Also does the mortgage company hold the deed to the house or does the assessors office? I would like to make sure whose name is on the deed for the house before I handle anything else. Whom do I speak to first about this situation?
3 Answers from Attorneys
Re: Force sale of house
Call a competent probate attorney who can check public records. We have access to title information and can usually tell you over the phone who is on the deed. Would love to help you if we can! -John
Re: Force sale of house
A title search would reveal most of the information you seek here. If you would like prompt, affordable assistance in this timely matter, contact us today for a free phone consultation.
Re: Force sale of house
Since your mother signed the mortgage, most likely any interest you have in the property is subject to that mortgage. How you deal with the property will depend on the state of title, your mother's estate plan and possibly even your brother's actions. It's best to find a probate attorney near the location of the real property in case it is necessary to file a probate (most likely your mother's probate). My web site can provide more information or feel free to contact us for a no obligation consultation.
Scott Schomer
www.schomerlaw.com
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