Legal Question in Wills and Trusts in California
foreclosure and probate
is there anything a lawyer can do if a home is in probate and also in foreclosure to save the home if the daughter/ excutor is not on the deed or the loan doc's, and there is absolutely no contest in the siblings or heirs, and is the beneficiary to everything. mind you there is no will or life insurance nor mortgage insurance, can there be some rescue. sale date is in 45 days.
1 Answer from Attorneys
Re: foreclosure and probate
Contact the foreclosure people and let them know what is going on. Homes in Probate can be sold if the probate court approves of the sale.
alternatively, you may want to explore the possibility of bankruptcy to halt all court actions. You will need to speak to a bankruptcy attorney to deal with this matter.
I need to ask this for clarification, if the daughter is 'executor', then she should have "Letters Testimentary" that will allow her to speak to the loan people.
Banks do not want to foreclose, so the best bet is to just explain the sitation to them and see what strings can be pulled to delay the sale until after the Probate is completed.
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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