Do I need a real estate attorney?

My client needs to refinance and cash-out his free and clear home in order to cure back property taxes. One of the title holders (of 3) has a special needs trust for her. The trustee cannot be located. There is no alternate. We must refinance the home to pay back taxes or the home will be foreclosed on by the county. An attorney could be paid once the proceeds are received from the refinance loan. Are there any attorneys who would work with us in that way? Client is very low income.

Los Angeles, CA -

Attorney Answers (4)

Justin Albert Shiau

Justin Albert Shiau

Estate Planning Attorney - Pasadena, CA
Answered

A real estate attorney may be helpful, but an estate planning attorney with special needs trust experience is probably more qualified to assist you.

That attorney can review the trust documents to see if there are provisions for replacing a non-performing trustee.

Edward Zaryl Kotkin

Edward Zaryl Kotkin

Government Attorney - Santa Ana, CA
Answered

Although a real estate attorney will be helpful, you probably ought to retain someone with a good background in guardianship as well. Conservatorship over the person with the special needs trust may be the best vehicle through which you gain "control" over the property for purposes of refinancing. I leave that for my real estate colleagues with expertise in guardianship to say. I have added "guardianship law" to your question in e hope that someone with that background may respond.

I don't work on contingency or I'd offer to help myself. Good luck!

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Eric Jerome Gold

Eric Jerome Gold

Estate Planning Attorney - Calabasas, CA
Answered

You should consult a real estate attorney with experience in estate planning, including special needs trusts, for advice in this matter. There are several issues which may arise based on the underlying details not explained in your question.

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Robert Pecco Baker

Robert Pecco Baker

Construction / Development Lawyer - Venice, CA
Answered

I do not think you need a real estate attorney. The refi part of this might not require counsel--at least I hope not. the problem you face is getting the clients in a position to be able to accept refinancing. For that you need a Trusts/guardianship atty. I do not know any who work on a contingency. Sorry.

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