Legal Question in Wills and Trusts in California

Re: Probate: name on loan but not in deed

To clear title on the house and put it in your name, I beleive you will need to go through probate. Otherwise, how does she intend to transfer title to your name? You also have to deal with the loan and negotiating a deal with the estate to buy them out. Again, through a probate process.

Please be advised that this does not constitute legal advise, and that I am not your attorney. I would have to be formally retained to become your attorney.

Re: Probate: name on loan but not in deed

If his name was on the deed, then I do not believe you can avoid Probate.

Wy would you get a new loan and pay them off if the current loan is in your name?

Something about the question is not making sense, I am afraid additional information is needed to properly assess the situation.

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Re: Probate: name on loan but not in deed

Did your ex-husband set up a trust and put the house in the trust, or perhaps hold title to the property as joint tenant with the sister. If he did any of the above, the sister would be able to avoid probate. If not, then probate is necessary.

As for the loan being only in your name, the problem is that the transfer probably gives the mortgage holder the right to accelerate the loan, or call in the loan, since the property is no longer in your name. She probably is willing to sell you her equity interest in the house (as beneficiary of her brother's estate). If you buyout the sister's equity in the house and take back title, you might not even need to get a new loan.

If you want the house, you should make sure that the title transferred to you is valid. If probate is required, any other method of title transfer would not be valid.

You definitely need to find an attorney to represent you in this matter.

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PLEASE NOTE

This communication creates neither attorney-client nor confidential relationship, and does not constitute legal advice or legal opinion. Please do not rely in any way on this communication to satisfy your legal needs. Immediate attention may be required to protect your legal rights. I am not your lawyer until I am officially retained.