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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Wills admitted to CA courts Posted by Kristine-CA on July 28, 2010 at 9:10 AM In Reply to: Getting info from a decedent's lender posted by Rick Harmon, aka Rick the Probate Guy on July 25, 2010 at 5:16 PM Hi Rick. Wills can be submitted to CA courts, with or without an open probate, with or without the intent of opening one. The original poster may be able to get what she needs for the lender by submitting the will, and going back to to get a court copy. I've gotten copies of two such wills (for probates that never were) and I can't remember if they are "certified." But they definitely have the county court info all over them (time of admission, court, and a #....in these cases a RW#..."received will.") I really doubt that WF knows what they are looking for in terms of the "court certified" part so if it were me I'd get that will in court and the get a copy out to submit to lender. Kristine : You don't say what State this is in, and any legal matter is typically State-law sensative. : In actuality, lenders and loan servicers make their own policies concerning what they require in order to discuss an open loan file with a 3rd party. : In your case, I would expect Wells to require at minimum a copy of a death certificate for the borrower (trustor) and a certified copy of the Will admitted to court naming the contact person as Executor, or a copy of Letters of Administration naming the contact person as Administrator if this is an intestate (no will) case. This is because someone has to be in charge of the estate and the lender/servicer does not want to violate privacy laws and the rights of their borrower. : Once the capacity, powers and authority are estatblished, there is generally no problem for that person to authorize another to obtain information on their behalf. Title and escrow people have to do this all the time. Obviously, that's something that attorneys must do from time-to-time. I'm sure that I've had as many or more contacts with lenders and servicers concerning deceased borrowers as any one person so I've got a pretty good sense of what lenders require. Just remember, they only set their own policy; it is not the law that states what specific proof, if any, is required. : BTW, In case you were wondering why I stopped posting as Rick the Probate Guy, I was put off by some little creep that suggested I was advertizing on this board and promoting something (?) by posting as RTPG. I see my role as a contributor and really hope that I'm adding to this forum rather than showing up here with an empty cup like the complainant. Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : Hi Rick. Wills can be submitted to CA courts, with or without an open probate, with or without the intent of opening one. The original poster may be able to get what she needs for the lender by submitting the will, and going back to to get a court copy. I've gotten copies of two such wills (for probates that never were) and I can't remember if they are "certified." But they definitely have the county court info all over them (time of admission, court, and a #....in these cases a RW#..."received will.") I really doubt that WF knows what they are looking for in terms of the "court certified" part so if it were me I'd get that will in court and the get a copy out to submit to lender. Kristine : : You don't say what State this is in, and any legal matter is typically State-law sensative. : : In actuality, lenders and loan servicers make their own policies concerning what they require in order to discuss an open loan file with a 3rd party. : : In your case, I would expect Wells to require at minimum a copy of a death certificate for the borrower (trustor) and a certified copy of the Will admitted to court naming the contact person as Executor, or a copy of Letters of Administration naming the contact person as Administrator if this is an intestate (no will) case. This is because someone has to be in charge of the estate and the lender/servicer does not want to violate privacy laws and the rights of their borrower. : : Once the capacity, powers and authority are estatblished, there is generally no problem for that person to authorize another to obtain information on their behalf. Title and escrow people have to do this all the time. Obviously, that's something that attorneys must do from time-to-time. I'm sure that I've had as many or more contacts with lenders and servicers concerning deceased borrowers as any one person so I've got a pretty good sense of what lenders require. Just remember, they only set their own policy; it is not the law that states what specific proof, if any, is required. : : BTW, In case you were wondering why I stopped posting as Rick the Probate Guy, I was put off by some little creep that suggested I was advertizing on this board and promoting something (?) by posting as RTPG. I see my role as a contributor and really hope that I'm adding to this forum rather than showing up here with an empty cup like the complainant. [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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