Legal Question in Wills and Trusts in California

inherting rental property

If a parent owns a rental property and dies leaving the rental property to his children, do they have to get a new deed and refinance the loan or can the deed remain in deceased name until sold.


Asked on 6/17/07, 12:44 pm

1 Answer from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: inherting rental property

If this property is to be liquidated through probate court, the court usually will not approve loan activity on it. If the property falls outside probate court, the lender would expect a transfer of ownership to living persons.

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Answered on 6/18/07, 6:34 am


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