Legal Question in Wills and Trusts in California

I am so sorry to hear about your son. Because he died without a will, his assets will be disributed under the law of intestacy which means that they will go to you and his father. A probate needs to be opened to administer his estate, give the proper notices to his creditors, pays off his debts and transferrs his remaining assets. The administrator of his estate will also have to file final tax returns for your son.

So long as your ex-husband continues to pay the mortgage the lender will probably not take much notice of anything. The house cannot be sold, however, until title is transferred out of your son's name, which requires a probate. Many other problems could arise if a probate is not opened and it should be done sooner rather than later. If you would like our assistance in doing so, please do not hesitate to call us.

Jon Reich

310.478.2541

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