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The executor may grant a mortgage only by permission of the court and only when the proceeds are necessary to pay debts and charges of the estate.

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15y ago
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13y ago

No. Not unless the mortgage is approved by the court.

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Q: If the owner of the property dies can the executer of her will take a loan out against the property?
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If a owner dies owning real estate that they acquired by a quitclaim deed does their estate need to be probated?

Yes. If an owner dies while owning real property their estate must be probated regardless of how they acquired the land.Yes. If an owner dies while owning real property their estate must be probated regardless of how they acquired the land.Yes. If an owner dies while owning real property their estate must be probated regardless of how they acquired the land.Yes. If an owner dies while owning real property their estate must be probated regardless of how they acquired the land.


What happens where a testator owns a property jointly with someone else?

Property held in a joint tenancy does not become part of a probate estate. When the first joint owner dies their interest in the property is terminated and the surviving owner becomes the sole owner.Property held in a joint tenancy does not become part of a probate estate. When the first joint owner dies their interest in the property is terminated and the surviving owner becomes the sole owner.Property held in a joint tenancy does not become part of a probate estate. When the first joint owner dies their interest in the property is terminated and the surviving owner becomes the sole owner.Property held in a joint tenancy does not become part of a probate estate. When the first joint owner dies their interest in the property is terminated and the surviving owner becomes the sole owner.


Can you sell a real estate property titled in trustee after owner dies?

Can you sell a real estate property titled in trustee after mother and father dies


What rights do one have to property if you are not married?

If you are not on the deed you have no rights in the property. If you are not legally married and the owner dies you have no legal rights in the property.


Does right to survivorship transfer the property if one dies?

When two people own property by right of survivorship and one dies the interest of the decedent disappears and the survivor becomes the sole owner of the property.


Can probate court take property owned by joint tenants with survivorship rights and when the second joint tenant dies can the probate court take it then?

No. Property held in a joint tenancy with the right of survivorship is non-probate property. When one owner dies, full ownership passes automatically to the survivor, bypassing probate.No. Property held in a joint tenancy with the right of survivorship is non-probate property. When one owner dies, full ownership passes automatically to the survivor, bypassing probate.No. Property held in a joint tenancy with the right of survivorship is non-probate property. When one owner dies, full ownership passes automatically to the survivor, bypassing probate.No. Property held in a joint tenancy with the right of survivorship is non-probate property. When one owner dies, full ownership passes automatically to the survivor, bypassing probate.


What if property is listed as joint tenants with rights of survivorship and there are other living children?

If a property is owned as joint tenants with the right of survivorship and one owner dies the surviving owner automatically becomes the sole owner. The property does not become part of the decedent's estate. That is the purpose of a survivorship deed.Any other living children would have no interest in the property.If a property is owned as joint tenants with the right of survivorship and one owner dies the surviving owner automatically becomes the sole owner. The property does not become part of the decedent's estate. That is the purpose of a survivorship deed.Any other living children would have no interest in the property.If a property is owned as joint tenants with the right of survivorship and one owner dies the surviving owner automatically becomes the sole owner. The property does not become part of the decedent's estate. That is the purpose of a survivorship deed.Any other living children would have no interest in the property.If a property is owned as joint tenants with the right of survivorship and one owner dies the surviving owner automatically becomes the sole owner. The property does not become part of the decedent's estate. That is the purpose of a survivorship deed.Any other living children would have no interest in the property.


How long does it take the bank to foreclose a property when owner dies in California?

2yers later


You and your father have a joint savings account separated by 'or'. When he dies does the the money go to probate?

No. When one joint owner of an account dies the account will become the sole property of the surviving owner with no need of probate.


What happens to house if owner dies and no next of kin can be found?

The property will become owned by the state in which the property is located. When this happens we say the property "escheats" to the state.


Can property be contested if daughters name IS on property title when mother dies?

You can contest it if you want to, but if the daughter's name is listed as a co-owner of the property, and they owned as joint tenants with the right of survivorship, then it is her sole property when mom dies. There might be a case for undue influence.


When one spouse dies what happens to jointly owned property?

The surviving spouse becomes the sole owner.