Deceased Mom Quit Claim Home to Brother

My mom quit claimed her home to my brother a month before she died unexpectedly. We are in California.

She left several credit card debts however only one debtor WF Bank is harassing/threatening us citing CA Civil code 3439.05.

The house still has a mortgage and is a modest home in a very modest area. I know that means nothing to a creditor, however, what does 3439.05 mean in relation to our situation. Thanks for any info you can provide.

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Jul 15, 2016
Quitclaim deed
by: Anonymous

My father let his home go into foreclosure and I paid to get it out of foreclosure. My father signed the deed over to me. I have been making the payments on the home for the last four yrs and have put several thousands of dollars into the home to get it back into living conditions.

I left the mortgage in my father's name until my brother signed a statement saying he did not care about me the administrator over the estate.

Now my brother wants money from me for his so called part of the estate. Does he have any interest in my home since my dad let it go into foreclosure?

Reply from DebtCollectionAnswers.com

Unfortunately your description is confusing. We don't know what this means: "I left the mortgage in my father's name until my brother signed a statement saying he did not care about me the administrator over the estate."

It sounds like the home was not in your father's name when he passed away, is that correct? Then it may be that it is not part of the estate and therefore other heirs will not be able to claim interest in it. But it also sounds like your brother may try to challenge that so it would be worthwhile for you to get an attorney to review the situation to make sure your interest in the home is protected.

We're sorry for your loss.

Dec 09, 2012
Deceased Mom Quit Claim Home to Brother
by: Debtcollectionanswers.com

Niki:

Sorry for your loss Niki.

I am not a California attorney so I cannot tell you what that particular civil code means. However, I can tell you that you are not responsible for paying your mother's debts regardless of what her creditors may tell you. The exception would be if any of her debts were joint debts -- you and your mother owed the debts together -- or if you co-signed for any of the debts. Here is some information on the subject that I think will be helpful to you, deceased person’s debt FAQ.

I also recommend that you contact Attorney Robert Brennan in CA. He has helped countless consumers who were being harassed over past due debts, http://www.socaldebtcollectionabuse. Your initial consultation will be free.

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