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Can you get an inheritance loan from a bank when 2 of 4 heirs want to keep the property and 2 want to sell?
Your primary problem is that two heirs want to sell the property and two do not. A loan from a bank won't address that problem. The bank won't "buy out" your inheritance for you. If you borrow on your inheritance you must pay it back.
First, when real property is included in an estate, the estate must be probated in order for title to the property to vest in the heirs. The estate should be probated with the guidance of an attorney who specializes in probate. In the primary stages of this type of dispute the estate attorney may be able to help the parties reach an agreement by explaining the rights and the options of the beneficiaries. The two beneficiaries who want to keep the real estate must make a reasonable offer to buy the others out. If the parties cannot reach an agreement at this level then the two who want to sell must bring a petition to partition to force a sale.
When land is under co-ownership of two or more people any owner can file a Petition to Partition in the appropriate court. The court has the power to divide the land, if that is feasible, such as when there are multiple tracts or a single large tract. If dividing the land is not feasible then the court will order a sale and the net proceeds are divided according to each owner's interest after the costs and expenses associated with the partition have been deducted. The parties who want the land sold would need to be represented by their own attorney for the partition proceeding.
The court costs and legal fees associated with a partition can be very expensive and those costs will be equally shared by all the parties by being deducted from the proceeds of the sale. That reality should be the motivation for the parties to negotiate a fair resolution before the situation escalates to a partition.
What else can I help you with?
Does the bank sell a reverse mortgage home on owners death?
Yes, unless the mortgage is paid off by the heirs if they want to keep the property.Yes, unless the mortgage is paid off by the heirs if they want to keep the property.Yes, unless the mortgage is paid off by the heirs if they want to keep the property.Yes, unless the mortgage is paid off by the heirs if they want to keep the property.
Does a loan against a house and land override the will?
The loan doesn't 'override the will'. It is a matter of rights in property and debts. The debts of a testator must be paid before any property is distributed to the heirs. In the case of a mortgaged property, the testator doesn't own the property free and clear so she can't give it to her heirs. She conveyed it to a bank in return for a large sum of money while she was living. The bank owns a security interest in the property until the money has been repaid. The heirs have the option of paying the loan on the property (if they want to keep it), conveying their interest to the bank or or allowing the bank to take possession by foreclosure.
How is the probate estate maintained?
Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.
What happens if the mortgagor dies before paying off the mortgage?
First, the mortgagor's estate must be probated in order for title to their real estate to pass to the heirs legally. Now to answer your question: If the mortgage isn't paid the bank will take possession of the property by foreclosure. If the heirs want to keep the property they must continue to pay the mortgage. Some mortgages contain provisions whereby heirs can assume the mortgage. You need to consult with an attorney who specializes in probate who can review the situation and explain your rights and options.You should check with the bank to determine if the mortgagor had mortgage insurance.First, the mortgagor's estate must be probated in order for title to their real estate to pass to the heirs legally. Now to answer your question: If the mortgage isn't paid the bank will take possession of the property by foreclosure. If the heirs want to keep the property they must continue to pay the mortgage. Some mortgages contain provisions whereby heirs can assume the mortgage. You need to consult with an attorney who specializes in probate who can review the situation and explain your rights and options.You should check with the bank to determine if the mortgagor had mortgage insurance.First, the mortgagor's estate must be probated in order for title to their real estate to pass to the heirs legally. Now to answer your question: If the mortgage isn't paid the bank will take possession of the property by foreclosure. If the heirs want to keep the property they must continue to pay the mortgage. Some mortgages contain provisions whereby heirs can assume the mortgage. You need to consult with an attorney who specializes in probate who can review the situation and explain your rights and options.You should check with the bank to determine if the mortgagor had mortgage insurance.First, the mortgagor's estate must be probated in order for title to their real estate to pass to the heirs legally. Now to answer your question: If the mortgage isn't paid the bank will take possession of the property by foreclosure. If the heirs want to keep the property they must continue to pay the mortgage. Some mortgages contain provisions whereby heirs can assume the mortgage. You need to consult with an attorney who specializes in probate who can review the situation and explain your rights and options.You should check with the bank to determine if the mortgagor had mortgage insurance.
What are the obligation of an executor to the heirs of an estate?
To insure that the estate is settle correctly and efficiently to maximize the heirs inheritance and to provide clean title to property. A full accounting of the estate and its assets must be produced.
What happens when inherited property is sold for taxes?
If the heirs want to keep the property they must pay off all the delinquent taxes, interest and costs. If not, the town will take possession of the property and sell it to a new owner.If the heirs want to keep the property they must pay off all the delinquent taxes, interest and costs. If not, the town will take possession of the property and sell it to a new owner.If the heirs want to keep the property they must pay off all the delinquent taxes, interest and costs. If not, the town will take possession of the property and sell it to a new owner.If the heirs want to keep the property they must pay off all the delinquent taxes, interest and costs. If not, the town will take possession of the property and sell it to a new owner.
Can an executor of an estate remove heirs from a property that is designated to be sold in the will if those heirs have paid the property taxes?
Yes, if the property was owned by the decedent and the Will provides that it be sold. In that case, the executor must carry out the provisions in the Will unless the provision is changed by a court order. It is assumed that there are other heirs besides the ones who paid the taxes on that property. The heirs who paid the taxes can file a claim against the estate for the amount they paid in taxes and they can offer to buy the property from the estate if they wish to keep it. They should speak with the attorney who is handling the estate.
What happens to a reverse mortgage when a person dies?
The person entitled to the home may do one of the following. 1. Refinance the home into their own name. 2. Sell the home, pay off the existing mortgage and keep any assets that are left over. 3. If the person that passed owes more than the home was worth, the heirs may walk away from the home. No other assets may be attached. 4. Upon the death of the mortgagor the heirs must pay off the mortgage or the lender will take possession of the property. After the owner's death the bank will allow the heirs a time period during which they can pay off the mortgage if they want to keep the property. However, if they do not then the bank will take the property.
If your deceased father had a home equity loan are the heirs now responsible for paying it off?
The heirs are not legally responsible for paying the loan. However, if they want to keep the property the loan must be paid or the lender will take possession of the property by foreclosure.
What do you do if you inherit a reverse mortgage?
If you inherit property that is subject to a reverse mortgage you must make arrangements with the bank to pay off the mortgage if you want to keep the property. If not then the bank will take possession of the property under the terms of the reverse mortgage.If you inherit property that is subject to a reverse mortgage you must make arrangements with the bank to pay off the mortgage if you want to keep the property. If not then the bank will take possession of the property under the terms of the reverse mortgage.If you inherit property that is subject to a reverse mortgage you must make arrangements with the bank to pay off the mortgage if you want to keep the property. If not then the bank will take possession of the property under the terms of the reverse mortgage.If you inherit property that is subject to a reverse mortgage you must make arrangements with the bank to pay off the mortgage if you want to keep the property. If not then the bank will take possession of the property under the terms of the reverse mortgage.
Must home be sold to pay estate debt?
If there are no other funds then the property must be sold to pay debts. The debts of the decedent must be paid before any property can be distributed to the heirs. If the heirs want to keep the house then they must get together and pay the debts.
What happens to a mortgage if the owner has committed suicide has children but no will and no insuranace to pay off the mortgage?
If the mortgage isn't paid the lender will take possession of the property by foreclosure. If the children are adults and want to keep the property they should call the bank to see if they can arrange to assume the mortgage. If so then they will need to make the mortgage payments. Also, the decedent's estate must be probated so the legal title will pass to the heirs according to the laws in your jurisdiction.If the mortgage isn't paid the lender will take possession of the property by foreclosure. If the children are adults and want to keep the property they should call the bank to see if they can arrange to assume the mortgage. If so then they will need to make the mortgage payments. Also, the decedent's estate must be probated so the legal title will pass to the heirs according to the laws in your jurisdiction.If the mortgage isn't paid the lender will take possession of the property by foreclosure. If the children are adults and want to keep the property they should call the bank to see if they can arrange to assume the mortgage. If so then they will need to make the mortgage payments. Also, the decedent's estate must be probated so the legal title will pass to the heirs according to the laws in your jurisdiction.If the mortgage isn't paid the lender will take possession of the property by foreclosure. If the children are adults and want to keep the property they should call the bank to see if they can arrange to assume the mortgage. If so then they will need to make the mortgage payments. Also, the decedent's estate must be probated so the legal title will pass to the heirs according to the laws in your jurisdiction.
