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If you are living in a home with your parent who dies and there is a mortgage on the home does it have to be included in the probate of the estate. What are the ramifications of not doing so?
Wiki User
∙ 15y ago
Probate is strictly governed by state law. In order for the title to real estate to pass to the heirs the estate must be probated. Generally, the value of the property less the amount of the balance due on the mortgage will be included in the inventory. There will be a notice of the death published in the local newspaper. The creditors of the decedent need to be notified of the death. The property is subject to the mortgage and if the mortgage isn't paid the bank will foreclose. You may need to negotiate with the bank to refinance the mortgage.
You should consult with an attorney who specializes in probate.
Wiki User
∙ 15y ago
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Can mortgage company foreclose on an estate home in probate?
Yes, if the mortgage is in default.Yes, if the mortgage is in default.Yes, if the mortgage is in default.Yes, if the mortgage is in default.
What happens to your mortgage when the person holding it died but the deed is in both of your names and you pay the taxes?
The mortgage will be included in the decedent's estate and the heirs will own the debt once the estate has been probated. You must pay them.The mortgage will be included in the decedent's estate and the heirs will own the debt once the estate has been probated. You must pay them.The mortgage will be included in the decedent's estate and the heirs will own the debt once the estate has been probated. You must pay them.The mortgage will be included in the decedent's estate and the heirs will own the debt once the estate has been probated. You must pay them.
Can a mortgage be omitted from probate if the property was deeded to someone else before death?
No, the mortgage is a debt of the estate. That mortgage must be resolved before the property can be transferred.
Do you have to pay your deceased brother's mortgage?
No. Not unless you co-signed the mortgage. If you co-signed you are responsible for paying the mortgage.If you stand to inherit his property, the estate must be probate and the mortgage must be paid or the lender will take possession of the property by foreclosure.No. Not unless you co-signed the mortgage. If you co-signed you are responsible for paying the mortgage.If you stand to inherit his property, the estate must be probate and the mortgage must be paid or the lender will take possession of the property by foreclosure.No. Not unless you co-signed the mortgage. If you co-signed you are responsible for paying the mortgage.If you stand to inherit his property, the estate must be probate and the mortgage must be paid or the lender will take possession of the property by foreclosure.No. Not unless you co-signed the mortgage. If you co-signed you are responsible for paying the mortgage.If you stand to inherit his property, the estate must be probate and the mortgage must be paid or the lender will take possession of the property by foreclosure.
Whose responsible for the mortgage if the mortgage lienholder did not file against the estate before the closing of the estate in probate court?
A mortgagee does not need to file a claim against the estate when the mortgagor dies. The mortgage is a lien against the real estate. Generally, the boilerplate language in a mortgage document gives the mortgagee the power to take possession of the property and sell it if there is a default. If the mortgage isn't paid the mortgagee will foreclose. If the beneficiaries want to keep the real estate they must make arrangements with the bank to pay the mortgage. You should consult with the attorney who is handling the estate.
Can one be an executor of probate but not the estate?
There is no executor of probate. The executor of the estate executes the will and probates the estate.
Single Brother died No will No children No estate Trying to handle his affairs How do I get authorization for mortgage company or other creditors to talk to me?
Your brother has an estate if he has a mortgage. You need to petition the probate court in your brother's jurisdiction to be appointed the Administrator of his estate. The court will issue Letters of Administration that will enable you to carry on the business of disposing of his estate.
What can I do my husband died my name is on deed not mortgage can I sell the house?
This is where having an estate would be a big help. The estate essentially represents your husband. Yes, you are going to be able to sell the house, subject to the mortgage, of course. Whether you have to use the estate or not to do so, the bank will tell you. Consult a probate attorney and they will help you out.
How do you probate an estate without a will in Colorado?
You fill out the normal probate forms. The estate will follow the Colorado law of probate for intestacy laws.
If you are the son and executor of your parents' estate can the mortgage lender force the sale of the real property after finding out your parents are deceased being the original borrowers on note?
No! That's what a Probate is. Usually lawyers will do the leg work for Probate and this means they will be sure all titles are clear on homes(s) or properties. They also make sure all creditors are paid off and this includes property/personal taxes. mortgages and loans. Because of Probate the mortgage lender would be paid out of the Estate and the residue of that Estate would be left to the Heirs. Marcy
Who is responsible for mortgage on an estate foreclosure?
The estate is responsible for the mortgage.The estate is responsible for the mortgage.The estate is responsible for the mortgage.The estate is responsible for the mortgage.
Do you need both a power of attorney and excutor of estate paper?
No. To handle an estate you need letters testamentary from the probate court.No. To handle an estate you need letters testamentary from the probate court.No. To handle an estate you need letters testamentary from the probate court.No. To handle an estate you need letters testamentary from the probate court.
