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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 29680
Experience:  29 years in civil, probate, real estate, elder law
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My father passed away in March of 2013. He left behind a house

Customer Question

My father passed away in March of 2013. He left behind a house that is worth 630k. My mother and father didn’t have a will at the time of his death. My mother has moved on and purchased a new home since his death and does not want anything to do with the house. We live in the state of California.

Is there a way I can obtain the house without legally involving my mother? She does not care as long as there is no liability on her part? Does the house have to go through probate? Can I just assume the loan from the bank? She stopped making payments and I currently live in the home. How is the bank going to address this issue? We have wells fargo bank.
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

RayAnswers :

Thanks for your question and good afternoon.My sympathy here for your situation and dilemma.

RayAnswers :

You would need to make application for probate here and be appointed personal representative.It is possible for your mother to quitclaim her interest to you and to also disclaim her inheritance rights from the father.

RayAnswers :

You are going to need a local estate lawyer to prepare the application, the quitclaim deed to you, and the disclaimer of inheritance.

RayAnswers :

Once you are appointed personal representative here you would be able to have the loan transferred to your name.If you are named the sole heir by the court then as pr you deed his interest to you.That would then give you complete title to the property and the note would be placed under your name.

RayAnswers :

There is now way around probate here so that you are named personal representative and legal heir.

RayAnswers :

The father's interest here passes to you under the laws of intestacy if there was no will.

RayAnswers :

You can find a lawyer here through the California state bar.

Customer:

will she be legally tied to his dept?

Customer:

he had like 20k worth of cards and a 30k student loan that was forgiven after his death

RayAnswers :

If she is on the loan here she would be liable.If it is in his name then only his estate and you if you assume the loan in probate.

Customer:

okay, excellent so if i did put the house into probate their is no legal way they could come after her?

Customer:

if she quick claims everything 2 me?

RayAnswers :

No if the debt was in his name then only his estate is liable and you would be able to transfer your name to the loan .You would contact lender here now and see if they will give you some grace time ot get probate going.

RayAnswers :

Here are the laws of intestacy, as you can she she would disclaim her inheritance rights so that you can inherit.

Customer:

okay... how long do i have before they won't work with me... i was going to start the probate process in october as i am getting some money he left me behind with

RayAnswers :

I would contact them now and see if they will not defer the loan for say several months.All you can do is try here to see if they won't work with you.Usually they don't want any more properties.

Customer:

is it likely the bank will motify the loan after i assume the home?

RayAnswers :

You would be able to refinance or modify it with lender just like anybody else.

RayAnswers :

Again they should be willing to work with you here.

RayAnswers :

I wish you the best here.

Customer:

If I do nothing and leave the property a lone how long will it take them to make us leave

Customer:

thanks!!! it has been very hard... i am attached 2 home because it was my childhood home

RayAnswers :

Oh it can take up to a year here to complete foreclosure and then evict you.

RayAnswers :

It does take awhile for them to go through the process.

Customer:

my money is overseas in pakistan

Customer:

do layers do probate on a payment plan until i can fly back home and get my money

RayAnswers :

Well again it is likely they will work with you since its better for you.And yes lawyers will do payment plans and work with you on this.

Customer:

okay! Thanks!!!

RayAnswers :

And I am sorry for your loss of father here too.I know how devastating that can be,

Customer:

What about the school loans... will the bank forgive this... we got a letter from wells fargo that it was forgiven

Customer:

or will it be put on the house during probate....

RayAnswers :

If the bank advised they forgave the loan then likely they wrote it off.There is a limited time they can file a claim here in probate.

RayAnswers :

9100. (a) A creditor shall file a claim before expiration of the later of the following times: (1) Four months after the date letters are first issued to a general personal representative. (2) Sixty days after the date notice of administration is mailed or personally delivered to the creditor. Nothing in this paragraph extends the time provided in Section 366.2 of the Code of Civil Procedure. (b) A reference in another statute to the time for filing a claim means the time provided in paragraph (1) of subdivision (a). (c) Nothing in this section shall be interpreted to extend or toll any other statute of limitations or to revive a claim that is barred by any statute of limitations. The reference in this subdivision to a "statute of limitations" includes Section 366.2 of the Code of Civil Procedure.

Customer:

Corrupt brother. Will be involved in the probation process. He will destroy us because we are not giving him what he wants… He wants some legal stuff in Pakistan and we are not doing it. My concern is that he will say all kinds of stuff during probate and make fake bill, etc…

RayAnswers :

Well as the pr you would work with estate lawyer and the claims can be denied if they are not legitimate.

Customer:

Sorry I meant to say my dad has a very currupt borother and we dont want him involved

RayAnswers :

And they have to be pretty quick as you can see above.

Customer:

will they even contact him during the probate process?

RayAnswers :

They would not necessarily contact him if you are the sole heir to the estate and mother declines her interest.

Customer:

okay...

Customer:

thanks for all your help... you have really helped me. can i have a copy of this converstation sent to my email to further assist us...

RayAnswers :

Thanks for letting me help you today.The probate process takes 6 moths to a year here start to finish.

Customer:

i have a twin brother and sister and they dont want the house

Customer:

either so will they need to quick claim the house 2 me

RayAnswers :

You can get this to sign disclaimer here too.

Customer:

okay... thanks! so i can use that money to pay for probate... how much does it cost in california on average?

RayAnswers :

You will need to get a fee quote here.You may want to shop it some too..

Customer:

where do i get the quote from?

Customer:

from your experience how much does it cost in california?

RayAnswers :

Form the lawyer that the lawyer referral gives you when you call them above.

RayAnswers :

Ideas on what fees are here.

RayAnswers :

Lawyer referral here.

RayAnswers :

Good luck here with all of this.I appreciate the chance to help today.

Customer:

Thanks!!!

Customer:

Do I get a copy of this in my email for reference?

RayAnswers :

You are so welcome.If you can leave a positive rating it is always appreciated.

RayAnswers :

And yes once you positive rate they will email our chat to you.Thanks.

Customer:

yes of course! i am giving you excellent. can i use you in the future?

RayAnswers :

Yes just post your question for Ray.

Customer:

thanks!

Customer:

have a nice day!

Ray, Lawyer
Category: Legal
Satisfied Customers: 29680
Experience: 29 years in civil, probate, real estate, elder law
Ray and 6 other Legal Specialists are ready to help you
Expert:  Ray replied 1 year ago.
Thanks for the rating.If you can leave one on the customer survey as well it is also appreciated.

Good luck to you.

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