Can anyone be authorized to sign on behalf of decedent in case of community property?
Posted 10 February 2013 - 07:41 AM
Posted 10 February 2013 - 09:01 AM
If you are talking about the bank that's going to be the lender for the buyer, then the bank has every right to require that a court authorized representative of the estate sign off on the papers.
Even if you find a code or law that makes the signature unnecessary, you aren't going to find a code or law that prohibits the lender from requiring it.
If the surviving spouse has not yet probated his wife's estate then he has no choice but to do it now, if he expects to sell the house to somebody who is borrowing money to buy it.
Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.
Posted 10 February 2013 - 09:41 AM
Maybe you can convince the bank that there is no will and the surviving spouse is now sole owner of the property. But, if I were the lender, I would not accept that.
I am not in California, but my understanding is that the easiest and quickest way to obtain legal confirmation of the surviving spouse's ownership is a Spousal Property Petition.
Posted 11 February 2013 - 12:09 PM
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