Legal Question in Wills and Trusts in California

My father recently passed away and he did not have a last will or testament. My sister and I are the only decendents. My father left a house with a reverse mortgage on it. The house is in process of foreclosure. A realtor adviced me to look into getting appointed as estate adminitrator to be able to put the house in a short sale. I would love to save the house but is this the best legal decision? Would I be responsible for the medicare bills of both my father and mother, who has also passed, which total $80,000, not counting his other debts? Please help.


Asked on 4/30/10, 10:09 pm

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Sorry about your father's death.

As to the house, of what advantage is a short sale? It appears that the only significant asset left is the house. If the reverse mortgage was fairly made, in a short sale the owners gets nothing in return for not having a foreclosure reduce his credit. Your father obviously now does not care what his credit rating is; upon death it should become zero. As the realtor of what advantage having a short sale is, but assume in advance that there is none.

As to the debts, the estate is liable, not you or your sister, but there is nothing to pay the debt. Inform Medicare of the situation.

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Answered on 5/06/10, 6:47 am
Michele Cusack Pollak & Cusack

Sounds like only advantage of a short sale would be to the realtor.

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Answered on 5/06/10, 7:38 am
Anthony Roach Law Office of Anthony A. Roach

There is nothing that I love more than sitting down with a cup of coffee and reading about another realtor practicing law without a license. A realtor does his or her job when they assist you in filling out forms, and list property with the MLS. A realtor, however, does not have the authority to give you legal advice, unless they are also licensed by the California State Bar. You shouldn't ask a realtor for legal advice anymore than you would ask a barber for medical advice.

Mr. Shers raised good points. I wrote separately to point out the above, and mention another issue. If you run down to probate court and file a petition for letters of administration, be prepared to be asked to post a bond. It would be stupid for you to raise a lot of money to post a bond, simply to help your realtor make a commission.

By the way, that is why your realtor gave you that galactically bad legal advice, with their own interest in making a commission, and not what was right for you or your family.

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Answered on 5/06/10, 7:48 am


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