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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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2005-10-06 11:49:11
2005-10-06 11:49:11

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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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.

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.

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

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

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.

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].

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.

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

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.

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

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

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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.

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

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.

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.

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.

No, the job of the executor is to use the resources of the deceased to pay any debts owed and then to distribute the remainder according to the will. If there are not enough resources to pay the debts, the executor has NO duty to pay them him/her self.

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.

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

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.

The estate of the deceased is responsible for the debt.

The dead have no legal rights. However, the estate of a deceased person acquires many of the same rights as the person had while alive. The executor or administrator of the estate carries out the final collections and payments on behalf of the estate, and should attempt to enforce all rights of the deceased (including pension and other contracts payable to the deceased, privacy, personal choice in disposal of remains, disposal of the estate assets, payment of taxes, etc).


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