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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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Hi, My sister died a year ago leaving a No.Ca property with an unpaid mortgage. Her husba

Resolved Question:

Hi, My sister died a year ago leaving a No.Ca property with an unpaid mortgage.
Her husband died 7 months ago. They have no children. As far as I know no last will or testament was drawn up. The bank has a repo on it. What legal rights do I have in this case. I would very,very, much appreciate a speedy reply. Thank you in advance for your time.
Submitted: 5 years ago.
Category: Family Law
Expert:  Ellen replied 5 years ago.

Thank you for your question. I am happy to assist you.

I am a lawyer with 25 years experience. While I am not your lawyer and do not represent you, I will endeavor to provide you with legal information through this open and nonconfidential forum.

Unfortunately it does not appear that you would have any interest in the property as the property would pass under California's intestacy statute to the blood relatives of your sister's husband.

Since your sister predeceased her husband, your sister's interest in the property would have passed to her husband under the California intestacy statute. Upon the death of your brother-in-law, the property would pass under the intestacy statute to his heirs-at-law. The heirs of law would be the blood relatives of your sister's husband.
Customer: replied 5 years ago.

Thank you for your speedy reply. My sister's husband had 2 older brothers whom I don't know if they're alive or not. However, they've not shown any interest in the property.

Legally, speeking isn't a law that the bank has to contact any relatives before taking action on the property. If so where do I come in?

Expert:  Ellen replied 5 years ago.
You are correct that the lender is typically required to notice all parties in interest. If the parties cannot be determined and/or located, the court will allow notice to be by publication in a newspaper and/or posting on the property. However unfortunately any notice or rights to the property appear to be that of your brother-in-law's 2 older brothers. So sorry

Edited by WebLaw on 2/2/2011 at 12:55 PM EST
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