Legal Question in Wills and Trusts in California

Re: Probate & estate transfer

I am so sorry to hear of your brother's passing, it can be quite devastating, you have my sincerest condolances.

As far as his assets, if he owned a home (and the mortgage is the key to why I believe so) then you will probably need to open a Probate to get the ball rolling.

The Court will issue "Letters Testimentary" which is what the mortgage lender probably wants to see.

Unfortunately, without a trust a Probate is required. Even if he had left a will, it is not sufficient to avoid Probate.

This should be done ASAP.

Our firm specializes in Wills, Trusts, Estates and Probate, so I believe we can assist you in your time of need.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com. You can also find more information about Probate,etc. on our alternate site located at No-Probate.com.

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Re: Probate & estate transfer

If there are assets such as a house, then you must file in probate court. Contact me directly.

Re: Probate & estate transfer

If he left a mortgage he also left a property that secures that mortgage. If the property is worth more than $100,000 you have to go through probate. If there is no equity in the property you might want to give it to the bank in return for cancelling the entire loan and settling with the credit card companies [who can not get anything legally until the bank is paid its secured debt.

Re: Probate & estate transfer

If he left a mortgage he also left a property that secures that mortgage. If the property is worth more than $100,000 you have to go through probate. If there is no equity in the property you might want to give it to the bank in return for cancelling the entire loan and settling with the credit card companies [who can not get anything legally until the bank is paid its secured debt.

Re: Probate & estate transfer

If there are no other assets and you want to let the house go, you can forego the probate process, but if you want to negotiate with the mortgage company, you're going to have to go through the formalities.