Inherited a cabin in CA. Kind of...

[mtnlady]

I am hoping someone here can steer us in the right direction.
A friend of my husband passed away last December. He had no living relatives.
He left a will with my husband named as executor and left his cabin to us.
The property appraised for $95,000.-
There is a reverse mortgage on it with a pay-off demand of $72,000.-
We have been in touch with the mortgage co. and are willing to pay off the loan in order to keep the cabin. It is next to our house.

I have done some research and have learned that in California an estate valued under $100,000.- does not have to go through probate.
A person from the county public administrators office has contacted us and told us their office will not be involved.
The mortgage co. does not have the deed.
We have not found a deed.
It seems a little risky to pay off the mortgage before the property is in our name.
I'd rather not pay $4000.- for an attorney since this does not have to go through probate.
We have the original will and the death certificate.
Where do we go, who do we talk to, to get the property in our name?

Any suggestions or advice would be much appreciated.
Thank you.

[bjl584]

I suggest finding an attorney that specializes in this sort of thing.

[mtnlady]

If it is just a matter of filing the proper forms at the proper place, than there has to be a way to do that for less than $4000.-, which is what an attorney will charge me.
I just hoped someone could tell me where to start.

[irmanator]

Did you get an estimate on an attorny? idk but that sounds high if he is just filing papers.. I can't imagine it would cost that much just to ask an attorny how to do this.

[MonkeyMama]

Did you get an estimate on an attorny? idk but that sounds high if he is just filing papers.. I can't imagine it would cost that much just to ask an attorny how to do this.

Agreed.

IT shouldn't be that costly to get this taken care of.

I'd just hire an attorney and get it taken care of, myself.

When we did our wills and trusts, our attorney filed a new deed in the name of our trust. The title company took care of it last we refinanced. It was one form - and it didn't cost anywhere in the realm of $4k to get that done. I think it was like $50 through the title company (if that).

The filing might be easy, but it's probably the figuring out exactly what you need to do. Do you have any attorney friends or friends in the real estate business who can maybe steer you in the right direction?

[mtnlady]

Thanks for your replies.
I went to an office to get the help of a "Legal document assistant" thinking I would save myself some money.
It was a bad, dead-end experience after which I decided to contact a probate attorney.
He will charge me $2,200.- to file the papers with the court etc.
It is more than I wanted to spend, but better than the $4,000.- I was first quoted.

[MonkeyMama]

Interesting - seems more expensive than I would have guessed. But, yeah, I do know attorneys cost a gazillion dollar an hour.

When it comes to legal matters, most people are terribly pound-wise and penny-foolish. If you got a good attorney who knows what they are doing, and is not ripping you off, it is probably worth it just to get it taken care of properly.

[snafu]

Since you want to do it yourself, try What Is the Difference Between a California Grant Deed & a Quitclaim Deed? | eHow.com

I'd start at the library, asking for books which outline the procedures to transfer a deed in your state. There are many on-line stationeries that sell needed documents...once you have figured out which are the correct documents needed, complete them and have them review and stamped by a notary. There are many services performed adequately by legal aides who operate a business assisting in the circumstances you describe.

If you or husband work in an organization that uses a lawyer, they might be willing to walk you through the process for a modest fee..over lunch. If you find the process overwhelming, you can always hire a lawyer.

[MrPolarZero]

I think the payment option that you have presented actually looks OK. And since you have already made your mind about the car, I see no point in persuading you.
Well, come to think of it, you will actually find a lot of good uses for the nook. So you will still find this one a worthy purchase.
As far as I know, you can use the will left to you by your husband's friend as evidence of your claim. This will make getting a deed for the house much easier.

[couchrobt]

Interesting - seems more expensive than I would have guessed. But, yeah, I do know attorneys cost a gazillion dollar an hour.

When it comes to legal matters, most people are terribly pound-wise and penny-foolish. If you got a good attorney who knows what they are doing, and is not ripping you off, it is probably worth it just to get it taken care of properly.

True that gazillion dollar per hour... but then in times and moments like this, their gazillion worth is needed. Nothing much of a choice. Still would suggest that you go look for one. They may be worth more, but it's a need for this.