QUESTION

Can property be foreclosed on if it is currently in probate?

Asked on May 11th, 2020 on Wills and Probate - California
More details to this question:
Parents deceased, no will found. I petitioned the court to be executor and filed probate. My brother and I live in the home since 1988. Mortgage servicer was dual tracking among other things and sold our property @ auction. Still in probate.
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
While there is a federal requirement that the property not be sold until six months after an administrator has been appointed, this period may have expired.  The fact that you and your brother live in the home is irrelevant.  Please talk with your probate lawyer.
Answered on May 12th, 2020 at 5:51 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.

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