Legal Question in Wills and Trusts in California

I am sorry for your loss.

Yes, you do still need to go through probate to clear title to the house so it can be sold. It's particularly important to start the process quickly when there is a reverse mortgage on the property. Depending on the value (more or less than $100,000) will determine what type of probate is needed.

I perform probates throughout the state. Give me a call and we can talk about your case! -John

Attorney Palley is correct in stating that you need to go through probate. There may be some value (equity) left in the house after repaying the reverse mortgage and Court supervision is necessary to sort the finances out. Conversly, if the value of the house has decreases in this recession (as have most houses) such that more is owed on the reverse mortgage then there is value in the house, your parent's estate may be liable for the difference. If you have taken any of your mom's assets, the lender may be able to go after those assets to be repaid. You need an attorney to assist you to sort the situation out. Court powers will be necessary to take possession of your mom's other assets if they were held in her name.

I disagree with Attorney Palley, that you should hire an attorney who is not in your county to represent you in probate. The Court in the county where your mom lived and died has jurisdiction over your mom's estate. A local attorney will be able to make court appearances instead of hiring an appearance attorney, will be able to speak with you "face to face" and will know the local court's rules or procedures.

My office is in Orange County California and I represented a local person whose father died in Sacramento County (opposite ends of the State). Filing documents with the court by mail and winding through their local procedures was sometimes frustrating although we did finally accomplish a favorable result for the client. I represent clients in Orange, San Bernardino, Riverside and Los Angeles Counties since those are sufficiently close that I can appear personally in those courts and meet, in person, with clients who reside there. Unless I have a prior relationship with a client, I will decline to represent them in a court out of driving range. I advise that you speak to an attorney whose office is relatively close to where your mom lived and died.

Michael Weinstein

Tel: 7146199376

Check to see how much equity there is in the house by having local real estate agents give you an appraisal. The probate attorney will charge the estate for his or her fee based upon what the property ultimately sells for , and if the property is not worth more than whats owed you need to know that to make an informed decision on whether or not to bother with probate.