Which Court do I go to?

[Jim937]

What is the name of your state (Arizona)

Hi,

Which Court do I go to because the executrix is withholding information from a beneficiary?

 

[justalayman]

why do you claim you have a right to know what ever information you speak of?

If you want information, go to the probate court and get a copy of the file. If you believe the executrix is acting improperly, the court to go to would be the probate court that is handling the case.

 

[Jim937]

Hi,

I need the Loan number for my 50% ownership in the Property. The mortage company will not give that info to me I called them, only to the executor of the estate, and she will not give that loan number to me. She does not return my phone calls or answer my emails. She did say on Facebook that she put the info away and does not wish to find it.

The estate did not go to Probate. She is the only name on the Will, she does have 50% ownership in said property.

I don't want to waste time in court but I see no other solution.

 

[justalayman]

if the estate has not been probated, there is no executrix, only a nominee.

She is the only name on the Will, she does have 50% ownership in said property.

if it was given her via the will, until the will is presented for probate, she is not the owner of anything.


and since she is not the executrix, you have no recourse against her either through the probate court or any other. A private party is not required to give you information they do not want to give to you.

I need the Loan number for my 50% ownership in the Property. The mortage company will not give that info to me I called them, only to the executor of the estate, and she will not give that loan number to me.

since you said this woman is the only listed heir, I have to assume you owned this 50% share prior to this issue. How is it there is a loan on property you own 50% of and you have no information about the loan? and why do you need the account number?

 

[tranquility]

If the estate did not go through probate, there is not an executrix. Hence, she would have no duties to you to share the information you seek--whether you go to court or not. Perhaps you can explain a little more about what is going on and why you seek the number?

 

[Jim937]

Hi,
The Loan Number was requested by the Welfare Department in England, Sharon is currently collecting Richard's Pension & Social Security. She was my sister-in-law.

My brother Richard passed on 09/29/2011.

At the time of Richard's death he & his former spouse of 18 years, were Devorced .


The Warrenty Deed, dated 09/24/2006 reads:

Grantor: Richard [last name]

Grantee: Richard & Sharon, "Equal or to Survivor"

They were married at the time the property was purchased, but seperated, she lived in England for a short time then returned. Richard wanted Sharon to have 50% of the property if he died or if he sold the property.


The Will, signed 06/01/2011 reads:

Paragraph 3, all property owned by me at my time of Death is devised to my "Daughter"

Paragraph 9. I nominate my "Daughter" for the position of "Personal Representative"


Note: My former sister-in-law lives in England, I am assisting her with this matter.

 

[justalayman]

The Warrenty Deed, dated 09/24/2006 reads:

Grantor: Richard [last name]

Grantee: Richard & Sharon, "Equal or to Survivor

I suggest taking the deed to an attorney who can read the document. It would appear it is intended to give the survivor full ownership of the property when the other owner died. That would mean, if correct, that Sharon owns the property 100%.

the will does not overrule the deed. Therefore the daughter does not own any of the property.

The Loan Number was requested by the Welfare Department in England, Sharon is currently collecting Richard's Pension & Social Security.

Is this the mortgage loan? If so, as an owner, Sharon would have a right to the information. Have her call the bank.

 

[Jim937]

I suggest taking the deed to an attorney who can read the document. It would appear it is intended to give the survivor full ownership of the property when the other owner died. That would mean, if correct, that Sharon owns the property 100%.

the will does not overrule the deed. Therefore the daughter does not own any of the property.



Is this the mortgage loan? If so, as an owner, Sharon would have a right to the information. Have her call the bank.

Hi,

Yes it's the mortgage loan for the property.

She did call the bank they will not release any information to her without the Loan number. The bank advised her to contact the Executor of the estate for the loan number. Her name is not on the Mortgage just the Warrenty Deed.

Warrenty Deed, dated 09/24/2006 reads:

Grantor: Richard [last name] "ONLY"

Grantee: Richard & Sharon, "Equal or to Survivor"

 

[justalayman]

Hi,

She did call the bank they will not release any information to her without the Loan number. The bank advised her to contact the Executor of the estate for the loan number. Her name is not on the Mortage just the Warrenty Deed.

Warrenty Deed, dated 09/24/2006 reads:

Grantor: Richard [last name] "ONLY"

Grantee: Richard & Sharon, "Equal or to Survivor"

the grantee is who now owns the property. It would appear it is intended to grant full ownership to either party that survived the other. That would give her 100% ownership BUT get a hands on opinion of the deed to be sure it does exactly that and it is executed properly to do that.

She needs to tell the bank there is no executor of the estate since probate has not been opened and it would appear nobody intends on doing so.

Why does she need the loan information? Is she interested in paying it off so she owns the property free and clear?

 

[Jim937]

Hi,

Sharon is not paying off the loan. The Loan Number was requested by the Welfare Department in England, Sharon is currently collecting Richard's Pension & Social Security.

The property is going into Forclosure, neither have the money to pay off the property, the property is upside down in value. Donna [the estate nominee] told me she mailed the keys to the mortgage company.

IF Donna gave Sharon the loan number that would have ended this matter.

Qestion is how do I force Donna to give Sharon the loan number that she still refuses to do?

The bank is closed till Monday I can't call & explain the Warranty Deed to them.

Thank you for the help.
Jim

 

[justalayman]

so she tells the folks in England it is not available to her.

Qestion is how do I force Donna to give Sharon the loan number that she still refuses to do?

You can't. As stated previously, since she is not the personal rep of the estate, she has no duty to tell Sharon anything.

The bank is closed till Monday I can't call & explain the Warranty Deed to them.

I suspect it will not change their minds but if you wish to try, just wait until Monday.

and since Sharon has no intention of keeping the property, she can simply let the property go. In their actions, I suspect the bank will contact her given she is the legal owner of the property and as such, must be given notice of the actions. In that notice, I suspect she will be informed of the account number.

 

[tranquility]

I didn't read and track every jot and tittle of the situation, but I completely agree with justalayman. I only write to add:

Which Court do I go to?

None. The person who feels she has rights gets a CA licensed attorney who may be able to file suit. There is no official thing the OP can do.

 

[Jim937]

No Probate

Hi,

I just returned from the Probate court records department. She did not file any documents.

Next I will need to file a Formal Probate in order to be assigned Executor.

Is this illegal, she took for her personal use and gave away the Assets & did not pay the Liabilies.

She even took the Washer, Dryer & refigerator which should be part of the Real Estate that belongs to Sharon...That is Criminal right?

 

[ecmst12]

Appliances are not part of real estate. Please don't move forward on this without a lawyer.

 

[Jim937]

Update

Hi,

I was given the Mortgage loan number today.

I called the bank, the bank does Not know Richard is dead they were Not given a Death Certificate by the representative named in the will, who also did not file in Probate court any and all documents related to the Estate.

Once I submit the Death certificate the house will be Free & Clear. At this time the house will go into Forclosure on July 2 2012.

Any and all advise is appreciated.