Legal Question in Wills and Trusts in California
my mom passed away without a will when i was a minor
my mom passed away august 4th 2006. at the time i was only 17 years old and as a minor couldn't really take any legal action over anything. before my mom passed away my little sisters and i were living at her house. since my mom passed away when i was a minor my dad moved in with me and my little sisters to take care of us. i tried to get a probate lawyer to handle my case but he wouldn't accept it. i also tried to get insurance money but had difficult complications with that and ended up getting nothing. we kept trying to make the mortgage payments on the house but they wouldn't accept them because the money wasn't under my mom's name. i recently received a notice from the mail stating that my house was sold at a public auction in San Bernardino. i don't know what to do anymore and i was wondering if there was any sort of legal help or aid that i could get.
3 Answers from Attorneys
Re: my mom passed away without a will when i was a minor
Please call our office to set up a free consultation as soon as possible. There are additional facts that are necessary, but this is something that can not wait.
Please speak to Anthony Grossman at extension 3, I will appraise him of your situation.
We can be reached at the number and address provided by LawGuru or through our firm's site at No-Probate.com.
Scott
Re: my mom passed away without a will when i was a minor
I am so sorry for your loss. The San Bernardino County Bar Association has a free referral service and a legal aid clinic as well. I would start there.
http://sbcba.org/index.htm
Good luck to you.
Yours Truly,
Bryan
Re: my mom passed away without a will when i was a minor
You do need to see an attorney ASAP. They may be willing to take the case on the basis of getting paid only if you recover anything and then getting a percentage of that. 1)for mortgage payments,all that is required is that the amount be "tendered" [offered] to the lender; it does not matter who offers to make the payment. To foreclose they must give you notice; you likely can get the foreclosure set aside and perhaps even get the lender to work out new terms for a loan. If the house was sold for more than the cost of the sale and the outstanding balance on the loan, the owners are entitled to that profit, but the lender probably bid the amount of its loan and got the house for that amount. You may, at some point, want to report the lender to the State regulator of banks. 2)you do not provide any details as to what the insurance company issues were, but you need to act on that also. 3)If a legal aid agency can not help you, you could try going down to your local probate court and watch some hearings to see if any of the attorney's who appear seem very intelligent, knowledgeable about the law, and are dressed moderately [very fancy may mean very high fees and most attorneys tend to be conservative]; if you can, see if you can get the names of some attorneys from a clerk [they are not allowed to make referrals but sometimes they will try to help][you can ask if they know any attorneys who have had cases similar to yours and represent people with little money]. Most attorneys will give you a free 20-30 minute consultation. You can also go to the local law library and get some advice as to what books to look at so that you can get a general impression of what can be done [Nolo Press of Berkeley puts out a large number of books for lay people]. Good luck.