Legal Question in Wills and Trusts in California

Re: Form for filing to accessing bank account to pay for morgage

It sounds like a probate is needed to get access to the accounts (and eventually transfer them and the house to your mother's beneficiaries). Act quickly!

Regarding the attorney fees, the attorney does not get paid until the close of probate, so if the estate does have assets, he/she can be paid from them at the end of probate.

Find an attorney immediately to handle this, and also contact the bank--they should have a department that can approve delaying the foreclosure under these circumstances, as long as they are assured they will be paid as well. Until the bank approves it, though, the foreclosure will go ahead as scheduled.

Re: Form for filing to accessing bank account to pay for morgage

I cannot tell if this is California, but on the assumption mother died Feb 2000, and the bank is just now wanting to foreclose, there are some questions that arise. What has happened all this time? Is there enough equity in the house to worry about? Why has some kind of probate not been done until now if a house is owned by Mom?

To get at Mom's accounts, someone needs to be appointed as the personal representative in probate court. This takes time, but you can get temporary letters to access the funds in her accounts. It is almost impossible to do a probate proceeding like this without an attorney. Very complicated. The attorney might be able to be paid from the estate. And the bank would rather work with you if you are doing the right thing, and no bank wants to foreclose - but communication is very important. You must act now. If you are in the area of Contra Costa County, California [Martinez, Walnut Creek, etc] give me a call at [925] 228-5232.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you.

Reply Posted By:

Wayne V.R. Smith

Attorney at Law

P.O. Box 3219

Martinez CA 94553