Legal Question in Wills and Trusts in California

My uncle left me his house in his will the bank told me that the will didnt matter and I could not get the house. The bank sold the house, I received no notice or anything. Was this legitimate and can I get the house back? The bank sold the house after I went in with the will. Payments were being made on time. After I took the will to the bank they sent a statement saying the house is going to be foreclosed so make no more payments.

Asked on 5/07/13, 10:05 pm

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You don't provide enough relevant information for us to fully answer your question. The two main omissions that come to mind are: 1. if the payments were being made, why was the bank foreclosing? Were there past-due payments that were never brought current, or some other reason? 2. Did you ever probate the will? The house was not yours just because it was in a will. Until the will is probated and the court orders the house put in your name, you have no rights to it. Until the probate is started, no one even has the right to deal with the bank about the house.

You should have gone to see a lawyer a LONG time ago, as soon as your uncle died an you had the will. Now it is almost certainly too late to do anything, but if it is not too late, it could be too late any day now. The deadlines for trying to set aside a foreclosure are VERY short. You need to call a lawyer this MOMENT, or give up.

Answered on 5/08/13, 11:41 am

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