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If the loan is against that property I would think so.Is the sister mentioned on the will as a benificary of the estate.if she is then she may benefit.normally the estate is whats left after everything is paid including mortgages.

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โˆ™ 2005-10-06 11:49:11
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Q: If your mother is deceased you are the executor and your sister has a mortgage loan with your mother does this loan have to paid off with the money received from the sale of the home?
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My mother is deceased I am the executor of her estate there was a mortgage on a mobile home and my name is not on the loan so if the mortgage company forecloses am I liable for the loan amount?

If the mobile home and mortgage are in your mother's name alone then you are not personally responsible for paying the loan. However, your mother's estate is responsible for her debts. If the loan isn't paid the bank will foreclose on the property and is entitled to any other assets if there is a deficiency.

How can you avoid probate when you voluntarily foreclose on the home of your deceased mother who did leave a will?

When your mother died, the executor took her place. The executor may not act without approval of the probate court. Your forclosure action must be against your mother's estate, as she is deceased, there you must go to probate.

Can the executor sell the deceased car to executor's mother?

As long as the court has approved and the car's price was a fair market value it would be acceptable.

How can you find out how much your deceased mother owes Medicaid or MA?

Unless you are the Executor of your mother's estate, why would you want to know this? Unless the deceased died with assets remaining in their estate, the debt is forgiven.

How does a mother of a deceased son obtain power of attorney?

All power of attorneys cease at the death of the individual. She would petition the court to be the executor of the estate of the deceased.

Can you cash a check made out to your deceased mother?

Not without a Letter of Authority appointing you as the executor of the estate or committing fraud.

How do you claim money from your deceased mother?

If it is a debt, you file the claim with the executor. Otherwise you should receive your inheritance when the estate is resolved.

Can the executor demand the key to my deceased mother's empty house?

Yes. Once an executor has been appointed by the courtthey have legal control over all the property of the decedent. If you don't surrender the key the executor can hire a locksmith to enter the premises and change the locks. Once the Will has been allowed in the probate court, and the executor appointed, you have no right to enter the premises without the permission of the executor.

What if your father is the sole executor of a will his father left and you would like to know if he dies can your mother become the sole executor?

Alternate ExecutorsThis will depend on the Probate [sometimes called "Succession"] law of the state in which the deceased [who assigned your father as executor] lived, and thus the will was probated.Usually, the will for which your father was named executor will have a statement naming an alternate (s) executor in the event the named executor [your father in this case] is unable, for any reason, or unwilling to serve in that capacity.If there was no provision for appointing an alternate executor then the Probate law of the state in which the deceased lived will determine the assignment of a new executor.In this type of situation, it would not be uncommon for your mother to be named by the Probate Court as the replacement executor [called an "executrix" in the case of a female].

Can the executor for your mother change anything in her will?

The executor has no right to make changes. The only person that can change it is the mother or the court.

Does biological children have rights to deceased fathers assets if the step mother is power of attorney?

A power of attorney represents a living person. After their death, the step mother no longer has a power of attorney. The executor executes the will.

What color rose do you wear if mother is deceased?

White if your mother is deceased; Red if your mother is alive

When you dream of your deceased mother crying what does it mean?

when you dream of your deceased mother and she was crying

Sister died leaving proeprty to her momBefore probate was completed Mom died Can personal rep deed property to himself under mom's will who gives all to son?

No, but I am making 2 assumptions. I take it that the sister's executor is the mother's beneficiary. I also assume that the mother survived any survivability period that might have been imposed by the will or statute. That being so, the property has vested in the mother, meaning it has become her property now. The only person who can transfer the deceased mother's property is the mother's executor. The correct procedure is for the sister's executor to make an executor's deed to the mother. Then the mother's executor will make a deed to the son. The fact that the mother died before the sister's executor made the deed to his mother does not deprive the mother of the property. The only way the property would not become the mother's is if the will required her to survive the sister by a certain period of time (as many wills do) and she failed to do so. But what happens then creates another problem which I won't go into here. Lastly, as always in probate matters you must check the laws of the state the probate is in.

I lived with my mother for 33 months prior to her death as her caretaker and paid all household expenses. Can an executor claim back rent from me?

No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.

Can i assume my deceased mother's mortgage without a will?

Unfortunately not. A will is basically the only link/document which can tell the government to back off. Without it, they are able to cease anything and everything.

Can you as power of attorney for your mother appoint an executor of her estate?

Your power as attorney-in-fact for your mother expired upon her death. Only the probate court can appoint an executor. If your mother died testate the court will appoint the executor she named in her will. If none was named, the court will appoint one.

If your mother is on the mortgage loan can you refinance the home in your name if you are on the deeds?

The mortgage will need to be in the name of and signed by all the owners of the property. If your mother is an owner then she must sign the mortgage.

Father is deceased mother is beneficiary of estate how do you change title to her name?

That is one of the purposes of the probate process. The debts are taken care of first of all. Then the executor will have the ability to have a new will drawn up and the estate distributed.

How to write Sample letter of intent to assume loan?

How to write a letter to assume a mortgage on house owned by deceased mother.

Who is the father and mother of Sasuke Uchiha?

Father: Fugaku Uchiha (deceased) Mother: Mikoto Uchiha (deceased)

If my mother had a judgment against me and now she is deceased and you are the executor does the judgment have to be paid?

Executors do have certain powers/abilities. The naming of an executor for my mothers will almost tore our family up. A brother-in-law was asking the lawyer about the 15% rule in KY. Needless to say, my sister was not named executor. Given my experience, I would say you wouldn't have to pay, but if your siblings (or other beneficiaries) were aware of the judgement, they could sue.

Can you still receive your share of the will if your mother was the executor of the will first?

The executor is required to distribute the will according to its terms. Who that is should not affect the distribution.

Is the Queen's mother a dwarf?

The Queen's mother is deceased, and she was not a dwarf.

Your grandmother is a cosigner on your mothers house and your mother is now deceased is your grandmother now the owner?

Signing on a note is not the same as being on the deed. She certainly has a claim on the property, particularly if she helped pay the mortgage.