Legal Question in Wills and Trusts in California
Mother suddenly died-no will; no beneficiary
My mother recently died and she left no will and no beneficiary. Her estate including bank accounts and home are a little over $200,000. Because she left no beneficiary named on her bank accounts the waiting period for the next of kin is 45 days and a notarized probate form 13100 must be submitted along with d.c. I have lived with my mother for over 13 years and her name is the only one on the deed and mortgage. My sister and I have no money for legal costs. What I want to know is can we just take the money and walk away from the house and if so, would there be any legal backlash?
3 Answers from Attorneys
Re: Mother suddenly died-no will; no beneficiary
I suggest you consult with a well qualified probate attorney. However, in general, if there is no equity in the house you can generally walk away. There are exceptions to the rule. However, if there is any equity in the house hire a probate attorney and get the process started. I conduct probates throughout California so feel free to call me to discuss your case in more detail. -John
Re: Mother suddenly died-no will; no beneficiary
Walking away from a property is not something I generally advise. It can cost you additional money and can be a headache.
If you would like to discuss this with an attorney who handles these matters regularly, please contact me directly.
Re: Mother suddenly died-no will; no beneficiary
If there is any equity in the house, it would not make sense to walk away from the mortgage.
The only other thing I would add to the other answers is that the Probate Code Section 13100 form you refer to in your question includes the statement that the entire estate is under $100,000 and must be signed under penalty of perjury. Also, if you don't have cash for legal help, you should know that probate fees to attorneys are paid when the estate is distributed, not up front.
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