Home     Law Advice     Insurance Advice     Community    
        View All Law Topics        Free Case Review        Legal Resource Directory        FreeAdvice Answers       
Home > Law Advice > FreeAdvice Answers > California Wills, Trusts, Probate > FreeAdvice Question and Answers
Privacy Policy Terms of Use FAQ Attorney Log-In Register to Answer Questions




    

Question: Wills, Trusts, Probate - California

Asked on 11/3/2009
A will has not been probated and the executor now wants to mortgage one property to pay some legal fees. Is that legal?

 Notify me of updates.   Answer This Question!      Question Offensive or Inappropriate?

This question received 22 views.     Bookmark and Share


Answers (1):

B. B., Member in Good Standing of the New Jersey Bar


The executor needs to submit the will for probate, and apply for the job, to be the executor, in the eyes of the law.  Until there are either letters testamentary (for the executor under a will) or letters of administration (for the personal representative if there is no will), issued by the court, nobody has the legal authority to do anything in the name of the deceased, or of the estate of the deceased.



  • Answered on 11/3/2009
  • Rating: (1 review)
  •  Rate this answer






» Ask a question in our legal forum

» Search our legal resource directory

» Find an attorney in your area

» Let us find a lawyer for you


Didn't Find What You Need?


We have a lot more information!

MORE FREE LEGAL ADVICE

Select your specific topic on the next page.
Finding a lawyer can be very intimidating. We'll help you find a qualified attorney.


            



AttorneyPages.com


HACKER SAFE certified sites prevent over 99.9% of hacker crime. State Law Center  |  Legal Resource Directory  |  Legal Articles  |  Insurance Advice and Quotes  |  FreeAdvice Answers  |  Community Forums
Media  |  Privacy Policy  |  About Us  |  Contact Us

FreeAdvice® has been providing millions of consumers with outstanding legal and insurance information and general advice, free, since 1995. While not a substitute for personal advice from a licensed professional, FreeAdvice is available AS IS, subject to our disclaimer and conditions of use.
FreeAdvice®, AttorneyPages®, ExpertPages® are registered trademarks and units of Advice Company.
All Rights Reserved © 1995-2009