Kenwood Press


Serving the communities of Kenwood, Glen Ellen and Oakmont

email print
Elderlaw: 05/15/2019

Elderlaw Advocates May 15, 2019



Dear Len & Rosie,

My cousin passed away just before Thanksgiving. She had absolutely no money and a $21,000 loan on her mobile home. I am the executor listed in the will. Can I give the mobile home to the bank that carried the loan? She also received a check from the state for the renter’s tax credit. Of course, it came after her death. Is there anything I can do to cash this check? Can I ask the state to re-draw the check in my name? There is no money for the space rent and I would like to use the money from the check to pay the space rent.

Sharon

Dear Sharon,

First of all, keep in mind that you don’t have to take the job. When a person makes a will, anybody could be nominated as executor, but the nominee is under no obligation to act.

Also, you’re not really the executor. Not yet. To become executor, your cousin’s will has to be filed for probate in the Superior Court. And this may be completely unnecessary.

Look at your cousin’s assets. If her estate, which consists of everything in her name alone, without any joint owners or beneficiaries, is worth less than $150,000, gross, then her beneficiaries may collect her estate outside of the probate courts. Keep in mind that the value of her mobile home and her automobile don’t count against this limit.

At least 40 days after your cousin’s death, the beneficiaries named in her will may each sign Small Estate Affidavits under California Probate Code section 13101 to collect the estate. If the mobile home has any equity, they can hire a real estate agent to get it on the market, and sign the Affidavit when the home is in escrow.

The only reason to tell the lender to take over the mobile home is if there isn’t any equity in it at all, which isn’t so likely.

As for your cousin’s tax refund, this may be easy. If she still has a bank account in her name, anyone may write “for deposit only” on the back of the check and deposit it into her account. Then, the beneficiaries may collect the account using another Small Estate Affidavit. This is a lot easier than trying to get the check reissued.

All in all, this isn’t going to be so complicated. What you should do is collect your cousin’s certificate of death, the mobile home’s registration issued by the California Department of Housing, and her account statements. Then, you and the heirs can sort it out with a trusts and estates attorney without much difficulty.

Len & Rosie

Len Tillem and Rosie McNichol are elder law attorneys. Contact them at 846 Broadway, Sonoma, CA 95476, by phone at (707) 996-4505, or on the Internet at www.lentillem.com. Len also answers legal questions each weekday, Noon-1 p.m. and Sundays, 4-7 p.m. on KGO Radio 810 AM.
Email:

Recently Published:

06/15/2019 - Elderlaw Advocates June 15, 2019
04/15/2019 - Elderlaw Advocates April 15, 2019
03/15/2019 - Elderlaw Advocates March 15, 2019
03/01/2019 - Elderlaw Advocates March 1, 2019
02/15/2019 - Elderlaw Advocates Feb. 15, 2019
01/15/2019 - Elderlaw Advocates Jan. 15, 2019
12/01/2018 - Elder Law
11/15/2018 - Elderlaw Advocates Nov. 15, 2018
10/15/2018 - Elderlaw Advocates Oct. 15, 2018
10/01/2018 - Elderlaw Advocates Oct. 1, 2018
06/01/2018 - Elderlaw Advocates June 1, 2018
05/01/2018 - Elderlaw Advocates May 1, 2018
02/15/2018 - Elderlaw Advocates Feb. 15, 2018
01/15/2018 - Elderlaw Advocates Jan. 15, 2018
09/15/2017 - Elder Law
08/15/2017 - Elderlaw Advocates Aug. 15 2017
06/15/2017 - Elderlaw Advocates
06/01/2017 - Elderlaw Advocates
04/15/2017 - Elderlaw Advocates
03/15/2017 - Elderlaw Advocates
03/01/2017 - Elderlaw
01/15/2017 - Special Needs Trust Fairness Act
12/01/2016 - Elderlaw Advocates
11/15/2016 - Elderlaw
11/01/2016 - Elderlaw

Community Calendar

Food Bank comes to Sonoma Valley
07/19/2019
more...
Funky Fridays concerts at Hood Mansion
07/19/2019
more...
“Fantastical Family Night” at Jack London
07/19/2019
more...
Oakmont Farmers Market
07/20/2019
more...
Walk ‘n Wag
07/20/2019
more...
‘Forest bathing’ hike
07/20/2019
more...
“Fantastical Family Night” at Jack London
07/20/2019
more...
Kenwood Community Church service
07/21/2019
more...
Butterflies and dragonflies hike
07/21/2019
more...
Al Anon meeting
07/24/2019
more...
Bingo at Rincon Valley Grange
07/24/2019
more...


Weather Underground PWS KCAKENWO2