How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ray Your Own Question

Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 28491
Experience:  Texas Attorney for 29 years dealing in real estate
Type Your Real Estate Law Question Here...
Ray is online now
A new question is answered every 9 seconds

Hi. My mother passed away this year on July 16th. Her and I

Customer Question

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?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Ray replied 5 months ago.

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, Lawyer
Category: Real Estate Law
Satisfied Customers: 28491
Experience: Texas Attorney for 29 years dealing in real estate
Ray and 10 other Real Estate Law Specialists are ready to help you
Expert:  Ray replied 5 months ago.
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" .


Best wishes and good luck to you.

If it is not too much trouble, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please consider rating me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.