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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 37760
Experience:  Texas Attorney for 30 years dealing in real estate
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Hi. My mother passed away this year on July 16th. Her and I

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Hi. My mother passed away this year on July 16th. Her and I own a house in San Francisco CA and in calling the bank for information they told me that I was not on the loan. I faxed them The Borrowers Estimated settlement Statement with my Name along with my mothers. I also sent them the Deed of Trust with both of our names on it. Dated August 7th, 2006. Today I received a from the bank saying that there research found my mothers name on the loan. My brother and I have been paying the mortgage ever since this transaction took place. What do I do?

Ray :

Hi and welcome to Just Answer.I am Ray and I will be the expert assisting you tonight.Can you tell me here if you are on the deed or is it in the mother's name??Did she have a will?

Customer:

Hi. She did not have a will and I am on The Deed.

Ray :

Then if you were joint owners here you will need to make application for probate.Her share here passe under the California laws of intestacy.

Ray :

Here are those laws for reference.

Ray :

































If you die with:here’s what happens:


  • children but no spouse, parents, or siblings




  • children inherit everything




  • spouse but no children, parents, or siblings




  • spouse inherits everything




  • parents but no children, spouse, or siblings




  • parents inherit everything




  • siblings but no children, spouse, or parents




  • siblings inherit everything




  • a spouse and children




  • spouse inherits all of your community property and 1/2 or 1/3 of your separate property

  • children inherit 1/2 or 2/3 of your separate property




  • a spouse and parents




  • spouse inherits all of your community property and 1/2 of your separate property

  • parents inherit 1/2 of your separate property




  • a spouse and siblings, but no parents




  • spouse inherits all of your community property and 1/2 of your separate property

  • siblings inherit 1/2 of your separate property


Ray :

Once probate is opened here it would be possible to add your name to the note assuming you are the legal heir under the laws of intestacy.If there are other heirs they would have to assign you their share of mother's joint interest.

Ray :

I am not sure why only mother's name was placed on the note.

Ray :

The up side would be that you would have right to walk away from the house since you are not on the note yet.

Ray :

I am assuming that you want to keep the house.

Customer:

If I am on the deed alone with my mother could my brothers put a stake on the home even though I have been paying for the home?

Ray :

You may also want to review the deed here to see if there was a right of survivorship that would award you her interest.

Ray :

Yes he could have an interest in the mother's share.The court would have to resolve the credit you may get for payments here.

Customer:

I am on the note and I see my name clear on it. The mortgage has jumped from bank to bank since 2006 and it must of fell off somewhere.

Ray :

Mother's share unless there was a right of survivorship passes under the laws of intestacy since she did not have a will.It is unfortunate that she did not will it to you.

Ray :

And maybe your brother would waive his right to inherit here.

Ray :

You are going to need a local probate lawyer here to file for probate.

Ray :

Lawyer referral for you.

Ray :

I know this can all be kind of overwhelming.

Customer:

In filing for brobate would my brothers need to be notified?

Ray :

When you make application for probate they do notify the heirs here.So yes they would be notified.

Ray :

Here you would have to resolve the mother's interest or the court might order a sale.You of course would get your half and your share of mother's too.Or you can buy out the other siblings interest or they may waive right to inherit.

Ray :

Here is more information about the probate process.

Ray :

Expect probate to take at least a year here from start to finish.

Customer:

this is overwhelming

Ray :

I can understand.You may want to quietly go talk to your lawyer and go over the deed and then talk to the siblings.The lawyer can often help you doing so.

Ray :

You would want to be the one here to make application for probate.As the personal representative you would control the estate and also you get paid for your work here.

Ray :

Fees for you.

Ray :

Again I am sorry that you are having to go though all of this.You can take it one step at a time here.A probate lawyer locally through the lawyer referral is a good first step.

Ray :

And also make sure you locate the deed , it is possible there was a right of surivorship.

Ray :

I appreciate the chance to assist you tonight.Please let me know if you have more follow up.Thanks again.

Ray :

If you can leave a positive rating when we are done it is always appreciated.

Customer:

thank you very much. This is a good start and I will leave positive feedback

Ray :

You are so welcome.Good luck here with all.

Ray and 2 other Real Estate Law Specialists are ready to help you
Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "Ray" .


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