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?
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.
How can you avoid probate when you voluntarily foreclose on the home of your deceased mother who did leave a will?
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.
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 Executors This 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…
Does biological children have rights to deceased fathers assets if the step mother is power of attorney?
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.
What happens now that your uncle died and your mother is executer he had a will but did not own anything of great value is she responsible for any debts he may owe?
Your grandmother is a cosigner on your mothers house and your mother is now deceased is your grandmother now the owner?
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…
My mother died. now my brother needs to get power of attorney so he can handle mortgage issues on behalf of my father?
Your question is rather sketchy. You have not said whether the daughter in question is a minor or an adult, or whether there is a designated guardian for her, or what provisions the will makes for her. Even though the executor lives out of town, you can presumably phone or email this person and discuss what should be done. To a large extent, the terms of the will determine what should be done.
Is it illegal for one member of family to withhold insurance policy details of deceased mother from siblings?
The information should be available to all family members who are the beneficiaries of the policy or are affected by the probate of the deceased person's estate. If the person withholding the information is the Executor of the estate, that person does not have the right to withhold this knowledge from the beneficiaries of the policy. Notify the probate court of this,
If your mother in law is the executor of the will but does not have her name as an owner of a house and it is repossessed in the state of Georgia will it reflect on her credit?
It will affect her credit if she executed the mortgage along with her husband. If her name is not on the mortgage or the property then it will not affect her credit. She should consult with an attorney who can review the situation and determine what her options are. Perhaps the bank would accept a deed from the heirs in lieu of foreclosure.
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…
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…
If your mother is on the mortgage loan can you refinance the home in your name if you are on the deeds?
If your mother died without any assets but died flat broke, you are not responsible for her bills. You do not have to pay her bills out of your own money. (You have to pay any expenses you arrange for after she dies. If you buy a funeral you have to make sure it is paid for.) However, if your mother left you money and you are the executor of her estate, you must pay…
I need to withdraw from being executor of estate. My mother still living has been in an estranged relationship with my wife and I. How do I retract from being her executor of her will?
Your mother is not the legal owner of real property until the estate is probated. If there was a will then the will must be presented to probate court and an Executor must be appointed. If there was no will then an Administrator must be appointed. Legal title to real property cannot pass to the heirs until the deceased owner's estate has been duly probated.
Who becomes the executor of your sister's estate if she died without a Will and failed to change your deceased mother as her life insurance beneficiary?
The succession would be the biological father. If he is deceased, then the oldest biological sibling. The siblings can agree to appoint 1 sibling who is not the eldest, but the agreement should be in writing. You should likely consult an attorney to be sure what to do. The life insurance company would likely need something from a Court for Intestate deaths.
Brother is the sole executor. He had the will changed after Mother had made a new one. Is this legal?
Do the mother of the deceased have a right to a life insurance if the other surviving heir is an underage child?
I assume you notified the mortgage company that the daughter is making the monthly mortgage payments on behalf of the mother. If that is the case, the daughter really isn't benefitting from making these payments from the credit agencies, proving mortgage history, and establishing credit on her own. Essentially, the mother would have to refinance the loan to get the daughter on the mortgage with her in order for the daughter to benefit. Even a…