Legal Question in Wills and Trusts in California

wHAT HAPPENS TO PROPERTY WHEN CARRIER OF THE NOTE HAS DIED AND THERE ARE NO LIVING HEIRS?


Asked on 1/24/12, 10:40 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Your post is a little vague. Do you mean that there is a holder of a promissory note, that has died? Are you saying that this promissory note was secured by a deed of trust, or other security instrument on real property? Are you thinking that the deed of trust just goes away?

California adopts the rule that a party who owns real property cannot quiet title to a mortgage or deed of trust, without paying off the debt. There are several exceptions, but I can't tell whether they apply given the vagueness of your post.

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Answered on 1/25/12, 8:58 am

There are always living heirs. If you have to go all the way back up the family tree to Eve and back down, you eventually find a living relation of some distant connection, and they will have rights of inheritance.

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Answered on 1/25/12, 10:50 am


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