Legal Question in Wills and Trusts in California
Property not mentioned in will, who is responsible for foreclosure?
Hello, My sister and I co-own a timeshare. The other owner passed away and her grandson is the executor of the estate. The property was not mentioned in the will. We are told it now needs to go through probate in 2 states. The grandson has not made payments to the homeowners association for the past 2 years and they want to foreclose. He will not pay for probate and the title company is asking us to pay for probate. Is there any way we can get out of having a foreclosure on our records without paying for it? Because of the past due fees on their side there is no equity in the property to use. We are willing to just give the property away - anything to avoid a foreclosure on our records. It doesn't seem fair that we get any type of penalty when we have paid our share of the dues and have never been late. Do you have any advice on how we can proceed?
1 Answer from Attorneys
Re: Property not mentioned in will, who is responsible for foreclosure?
I am a little confused. Are you and your sister co-owners with the decedent? If so, then you should pay the expenses to avoid foreclosure. You might be able to file a creditor claim against the decedent's estate for reimbursement.
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