In California...I am getting more and more of these.
I have one trickier than normal......the wife is a survivor on the title, but not on the Bank Loan. The husband whom is deceased is the only one on it. My Probate lawyer friend said there is really nothing to Probate about that since California is a community property state.....
My problem is the Wells Fargo is insisting on some kind of legal paper that the wife can control his finances...there was no will and of course the deceased can't sign an auth....
anyone run into this?
Please Advise...Thanks
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I have. My seller decided to just walk away from the property. She was elderly and there was really no need for her to do anything. She wasn't on the loan. So she just moved on wit her life.
So I guess my question would be what's in for the seller to go through a short sale? Why bother with the aggravation.
I am not an attorney. However, I've run into this situation several times with estates pending probate. If there is an attorney that is handling the deceased's estate, it's a simple matter of having the survivor being assigned by the court as administratrix or executor of the estate enabling the survivor to conduct a wrapup of contractual obligations that did not involve her. With that document they can now conduct business and resolve possible pending actions against the deceased. That doc can be given to the bank involved and move the property to resolution.
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