QUESTION

Can I quit the probate process??

Asked on Dec 02nd, 2020 on Wills and Probate - California
More details to this question:
I just got granted administrator of my deceased moms estate. My mom left behind me and my brother a good amount. I hired a lawyer because I donโ€™t know how the probable process works, so I figured I could use help. My mom owned her home, but still owes mortgage, and her old boyfriend refuses to leave. Iโ€™m having a really hard time evicting him because of COVID.My question is can I choose to just let the home go into foreclosure? And not have to deal with it? I know it sounds crazy but who knows how long COVID eviction ban will be, and I canโ€™t afford to pay both my rent and her mortgage. Iโ€™d rather just split the money she left us with my brother, and call it a day. But my lawyer said I canโ€™t do that. I think he might just be saying that to get his cut. Iโ€™m so lost, and itโ€™s so stressful dealing with all this. Any help?
Report Abuse

2 ANSWERS

Estate Planning Attorney serving Woodland, CA
Partner at Sonin Law
3 Awards
As administrator, you are responsible for dealing with the estate assets. Also, unless your mother just bought the house a year or two ago, you would likely be leaving a lot of money on the table if you let the home go to foreclosure. You or your attorney should contact the mortgage holder, and explain that your mother died. Explain that you plan to sell the home as soon as you're able to evict the inhabitant. Hopefully that would stall off foreclosure. After all, the bank would have the same problem with the occupant. Connect with an attorney who handles evictions. It may be that it's possible to begin the eviction process by giving either a 30-day or 60-day notice (whichever is appropriate) to at least start things. In reality, in most of these situations people buy out the occupant by giving them enough money for first and last month's rent and security deposit at a new place. That agreement would need to be drafted by your attorney, with careful timing on paying the money (e.g., perhaps paying $ directly to a new landlord, rather than to the old boyfriend) so he doesn't take the money and stay there. I've heard of people paying as much as $5,000-$10,000 to get people out.
Answered on Dec 10th, 2020 at 1:13 PM

Report Abuse
Wills Attorney serving Austin, TX
2 Awards
Please note that under federal law a mortgage lender cannot foreclose for six months after an administrator is appointed.  Within the six month period, you should not be lending funds to the estate to pay for the mortgage.  If you cannot sell the property within the six month period and the lender does not exercise forebearance in light of covid (which is provided for by the CARES Act), the house will go into foreclosure.
Answered on Dec 03rd, 2020 at 5:34 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters