Summary
Filing a lis pendens involves drafting the document with the propertys legal description, nature of the claim, and case information. File it with the court and record it with the county recorder. For probate, file a Petition for Probate, notify heirs, inventory assets, manage the estate, and distribute assets. If the estate faces foreclosure, communicate with the lender and seek a court order to delay foreclosure. Consult a local attorney for compliance with Nevada laws.Full Conversation
i need you to help me write up a lis pendents for * virginia way elkp nv * so the home doesnt get auctioned on oct * * as it needs to go to probate following my husbands death
Hi Tamara, I'm sorry to hear about your situation. Here’s some general information that may help you with filing a lis pendens in California:
- Lis Pendens: A notice filed in the public record indicating that a property is subject to a legal dispute.
- Probate: The legal process of administering the estate of a deceased person.
To file a lis pendens:
*. Draft the Document: Include the legal description of the property, the nature of the claim, and the case information.
*. File with Court: File the lis pendens with the court where the probate case is being handled.
*. Record with County Recorder: After filing with the court, record the lis pendens with the county recorder's office where the property is located.
Note: Since you mentioned the property is in Nevada, you may want to consult with a local attorney to ensure compliance with Nevada laws.
Would you like more information on how to draft the document or find an attorney?
yes
Sure, Tamara. Here are the key components to include when drafting a lis pendens:
- Legal Description: Accurate and complete description of the property.
- Nature of the Claim: Detail the probate process and your interest in the property.
- Case Information: Include the probate case number and relevant court details.
Consider consulting a local attorney for assistance in drafting and filing the document to ensure compliance with Nevada laws. Would you like help finding resources or an attorney in Nevada?
how do i file probate
To file for probate in California, follow these steps:
*. File a Petition: Submit a Petition for Probate (Form DE-*) with the probate court in the county where the decedent lived.
*. Notice: Notify heirs and beneficiaries about the probate proceedings.
*. Inventory and Appraisal: Collect and assess the decedent’s assets.
*. Manage Estate: Pay debts and taxes.
*. Distribution: Distribute remaining assets to beneficiaries.
Would you like more details on any of these steps?
yes
Case Rating: *.
To provide more details on the steps to file for probate:
*. File a Petition:
- Complete and file Petition for Probate (Form DE-*).
- Pay the filing fee.
*. Notice:
- Notify all heirs, beneficiaries, and creditors.
- Publish a notice in a local newspaper.
*. Inventory and Appraisal:
- File an Inventory and Appraisal (Form DE-*).
- Hire a probate referee to appraise non-cash assets.
*. Manage Estate:
- Pay debts, taxes, and expenses.
- Maintain and protect estate assets.
*. Distribution:
- File a final accounting.
- Obtain court approval for distribution.
- Distribute assets to beneficiaries.
Would you like guidance on any specific step?
what if the estate goes into forclosure
If the estate goes into foreclosure, consider the following steps:
- Communicate with the Lender: Contact the mortgage lender and inform them of the probate process.
- Seek a Court Order: Request a court order to delay the foreclosure until probate is settled.
- File a Lis Pendens: As previously discussed, file a lis pendens to notify potential buyers of the legal dispute.
Would you like more information on how to communicate with the lender or seek a court order?
yes
Sure, Tamara. Here are some steps on how to communicate with the lender and seek a court order:
*. Communicate with the Lender:
- Call or write to the lender's loss mitigation department.
- Provide them with the probate case details and your interest in the property.
- Request a forbearance or loan modification during probate.
*. Seek a Court Order:
- File a motion with the probate court to delay the foreclosure.
- Provide evidence of the ongoing probate process and the need to preserve the estate's value.
Would you like more information on drafting the motion or communicating with the lender?
yes
Here are the steps for drafting the motion and communicating with the lender:
Drafting the Motion:
*.
Title and Caption: Include the court name, case title, and case number.
*.
Statement of Facts: Detail the probate case and foreclosure risk.
*.
Legal Argument: Explain why delaying foreclosure is necessary.
*.
Request for Relief: Clearly state what you are asking the court to do.
*.
Attach Evidence: Include relevant documents supporting your motion.
Communicating with the Lender:
*. Contact Information: Reach out to the loss mitigation department.
*. Probate Details: Provide the probate case number and relevant information.
*. Request: Ask for a forbearance or modification during probate.
Would you like sample wording for the motion or more details on contacting the lender?
drafting the motion
Sure, Tamara! Here’s a concise guide to drafting a motion to delay foreclosure:
~Motion to Delay Foreclosure Due to Probate
*. Caption:
- Court Name
- Probate Case Number
- Title: "Motion to Delay Foreclosure Due to Probate"
*. Introduction:
- Brief statement of who you are (e.g., executor) and your interest in the property.
*. Background:
- Details about the deceased, the probate case, and the property in question.
*. Argument:
- Explain why delaying the foreclosure is necessary (e.g., to preserve the estate for beneficiaries).
- Provide legal grounds (e.g., ongoing probate process).
*. Request for Relief:
- Clearly state what you are asking the court to do (e.g., delay foreclosure until probate is settled).
*. Conclusion:
- Summarize your request and thank the court for considering it.
*. Signature:
- Your name and contact information.
Attach supporting documents (e.g., death certificate, probate petition).
Would you like more details on any specific section?
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