My Mother died with a mortgage loan in her name, prior to death we had a quit claim deed with Mother and I (daughter) as joint tenants. I ha...

Question

My Mother died with a mortgage loan in her name, prior to death we had a quit claim deed with Mother and I (daughter) as joint tenants. I have since obtained mortgage funding with another company. Now original loan company sending refund checks to: Estate of Mother's name. I cannot cash these checks as there is no checking account or estate. How do I have mortgage company send check in my name?

Answer

once you are sure of the total amount that the company owes, you can submit a Probate Code Section 13100 Declaration (aka small estate affidavit.) That is, assuming your mother's estate is not worth more than $150,000 (not including jointly titled assets.)