Legal Question in Wills and Trusts in California

if i inherit my parents property and there is an excutor of the estate, can the excutor take out a morgage loan on the property. the deed is in my name but the loan is under the excutor and she is in defualt, the bank will not give any information on the loan because my name is not on the loan. what do i do. when probate was never closed or finalize by attorney


Asked on 12/02/10, 6:14 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Your attorney would need to file a motion in the probate court to make the executor disclose this information.

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Answered on 12/07/10, 6:22 am
Anthony Roach Law Office of Anthony A. Roach

You don't actually receive title until the probate court issues a decree of distribution. Typically what is ordered is a court action conveyance, which is recorded and transfers title from the deceased to you. I can understand your concern as a deed of trust that is not paid would follow a transfer to you.

I'm concerned when you state that the executor borrowed money secured by property in the name of the decedent. It is not clear whether this loan was authorized under "letters" given by the court to the executor, or was performed fraudulently. Did the executor borrow money for personal use?

I suggest speaking to a competent attorney who is familiar with probate litigation.

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Answered on 12/08/10, 10:47 am


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