Legal Question in Wills and Trusts in California

My name is Herman Carter Jr. both my parents are deceased. 1 I would like to get the house I am residing in in my name ? Also is there a law stating that we have 3 years to put the remaining loan in the oldest sibling name after thier death in California ?


Asked on 5/18/11, 2:15 pm

3 Answers from Attorneys

Eliz. C. A. Johnson Eliz. C. A. Johnson

This is all dependent of whether your parents had a will or trust in place, how many children they left behind, how long ago they died and many other facts. Start with when they died. A probate will need to be opened in the county where they last lived. Assets will need to be gathered and bills paid. If there is a will or trust, the property will go as directed. If there is no will, the estates are intestate and that means there is a set order of inheritance set out by the State of California. Your putting the house in your name would depend on how many siblings if you want it as part of your inheritance and may include your buying out the share of any other siblings. San Diego has a lot of experienced attorneys so find one who does probate. You can look on this site.

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Answered on 5/18/11, 2:23 pm
George Shers Law Offices of Georges H. Shers

Follow Ms. Johnson's advice. You do need an attorney. I do not know of any law that forces a lender to transfer the loan to the beneficiaries of the Will or Trust; the estate can make payments but the loan probably has a due on sale provision for when the title to it changes.

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Answered on 5/18/11, 4:03 pm
Kurt Seidler Law Offices of Kurt A. Seidler APC

To add to George's good advice, the lender will be more apt to work with you these days and work something out on the loan- they don't want another vacant house in their inventory.

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Answered on 5/19/11, 11:25 am


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