Legal Question in Wills and Trusts in California
My wife's mother dies and leaves a house with a $190k reverse mortgage on the property. There is a will but no executor or probate filed on the property. The house is appraised for approximately $275k but in this market selling the house for any profit after expenses could be a problem. However, as I understand,since there is no executor we can not take offers to even try and sell this house unless we file expensive court forms to place the property into probate and assign an executor. This means signing up for legal fees, and paying court filing fees.
So it's look like we must, have to, pay to file the court documents, and pay a lawyer probate costs to even try listing and selling this house.
So what happens if we can not sell the house, it is foreclosed, and there is no estate. It looks like minimally we lose the money for filing the court documents. Will we have to pay the lawyer fees if there is no estate?
I don't mind paying if there is profit to pay, but, why should anyone have to pay for getting nothing.
This process seems really unfair and inflexible, and clearly if this is the case this system is broken.
Do I have any other options?
2 Answers from Attorneys
I will sometimes take cases like this with you paying just the up front costs (about $1,000). Call me and we can discuss details. If the house sale is successful then I can get paid. I am a certified specialist in probate law and handle probates throughout California. Call me. -John
File and stop any foreclosures on the property. You can volunteer as an executor. Who has the will? Is your wife the sole beneficiary? If the will does not hold up to the requirements of the law is she the sole heir? Contact me directly. 20 years experience.
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