Legal Question in Wills and Trusts in California

My Mother died with a mortgage loan in her name, prior to death we had a quit claim deed with Mother and I (daughter) as joint tenants. I have since obtained mortgage funding with another company. Now original loan company sending refund checks to: Estate of Mother's name. I cannot cash these checks as there is no checking account or estate. How do I have mortgage company send check in my name?


Asked on 1/31/15, 1:16 pm

1 Answer from Attorneys
Michele Cusack Pollak & Cusack

once you are sure of the total amount that the company owes, you can submit a Probate Code Section 13100 Declaration (aka small estate affidavit.) That is, assuming your mother's estate is not worth more than $150,000 (not including jointly titled assets.)

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Answered on 1/31/15, 1:27 pm


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