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Family member is living rent-free in house in probate and in foreclosure. If she pays the mortgage to-date, can she be executor?

Santa Ana, CA |

A family member has been living for 30 years rent-free in an estate property. The estate is in probate and house nearing foreclosure. If she pays the mortgage to avoid foreclosure can she still petition for executorship and receive it?

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Attorney answers 1


It is unclear from your question how long the property has been in the name of the estate. You should consult a probate lawyer in California to get information about the specifics of California practice. However, generally, the executor will be the person named in the will. If there is no will, any family member or creditor may petition the court to be named administrator. The court should require notice to family members and then possibly have a hearing to determine the best person to do the job. Paying the mortgage shouldn't be the determining factor.

Good luck.

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