Legal Question in Wills and Trusts in California
When my uncle passed away, he left his home in the name of his 3 brothers. Since that time, my father and his younger brother has passed away as well. Now it is only my uncle and us (my dad's 5 children). I believe my uncle is executor and was making monthly mortgage payments, and has decide to sell the house. However, just learned that the house is going into foreclosure due to mortgage not been paid in 3 months (my uncle has dementia). Is there something we can do to stop the foreclosure or will this be handled with the sell of the house
3 Answers from Attorneys
Is there something that can be done? Yes, but it is impossible to know just what needs to be done with the little information provided. I suggest you contact a probate attorney immediately to discuss your options. Many will provide a free consultation.
Agreed. Most residential real estate can be sold quickly and most banks will work with a family trying to sell. But there are a number of hurdles you may face, including how to have your uncle sign documents if he lacks capacity. In addition, we don't know if only the remaining uncle owns the house or if your father's share was left in a way that passes to you and your siblings? A consultation with an attorney who can review documents and elicit additional facts is what you need.
I agree as well. If your uncle had dementia in the situation you describe you have a serious problem that requires immediate legal help from a qualified attorney.
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