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Owner is deceased, my wife is the heir. However there was no will.
I've been through that locally with a property still in the name of the mother who died in the early 2000's and she left the house to her son. He never put it in his name and he died in 2020. His daughters were closest of kind and contacted the probate court in their county and applied to be declared the heir
(which you wife is already)
and then the daughters (and their mother if she was still living) could get the deed in their name.
Then they had to ability to move forward.
You don't need a lawyer to call the county probate court and lay out the issues and get their advice and the procedures for you to follow to attain your goal. Depending on how messy it is then yes then speak to a probate lawyer and they usually give you a free initial consultation.
You don't need a lawyer to call the county probate court and lay out the issues and get their advice and the procedures for you to follow to attain your goal.
I think this really depends on where you are. Any major area, if you call the probate courts, they are *not* going to talk to you and give advice. They're courts, not lawyers for hire.
Maybe, just maybe, in a really rural area, this might be possible. But even then, I would think most probate courts will say what has repeatedly been said above...
if you call the probate courts, they are *not* going to talk to you and give advice. They're courts, not lawyers for hire.
False. You want to call my probate office? I'll pay for the long distance call. They will give you copies of a will and other probate records over the phone and mailed to you or you go in person and sit down at the computer and locate and print what you want.
I've done that over 5 times.
My error using the word advice. I meant they will gladly tell you the proper procedure and which documents to file for an heir to become the holder of the deed when no will exist. And some people get anxious when they hear probate "court." It is a country department and the court is not used unless there a re bickering heirs who can't decide how to divide the assets.
False. You want to call my probate office? I'll pay for the long distance call. They will give you copies of a will and other probate records over the phone and mailed to you or you go in person and sit down at the computer and locate and print what you want.
I've done that over 5 times.
My error using the word advice. I meant they will gladly tell you the proper procedure and which documents to file for an heir to become the holder of the deed when no will exist. And some people get anxious when they hear probate "court." It is a country department and the court is not used unless there a re bickering heirs who can't decide how to divide the assets.
"Advice" is EXACTLY what the OP needs in this instance, when having received a 20 day notice of sheriff's sale.
I don't know the process there, but here the house would have needed to go through probate, which out here is a 9-18 month process. Out here you can't put the house in your name or sell it as you would have no legal authority to do so. You need an estate/probate attorney asap.
False. You want to call my probate office? I'll pay for the long distance call. They will give you copies of a will and other probate records over the phone and mailed to you or you go in person and sit down at the computer and locate and print what you want.
I've done that over 5 times.
My error using the word advice. I meant they will gladly tell you the proper procedure and which documents to file for an heir to become the holder of the deed when no will exist. And some people get anxious when they hear probate "court." It is a country department and the court is not used unless there a re bickering heirs who can't decide how to divide the assets.
I was replying to your use of the word "advice". Sure, they give copies of wills, tell you which form to use, etc. I've done that, both personally and thru a lawyer.
But when you said "advice", I felt the need to clarify for the OP that's not the place to get it. Had you said forms, I wouldn't have replied.
BUT did anybody else notice that the house has a reverse mortgage on it? See post #7. I'm not that familiar with reverse mortgage contacts, but it seems logical that the home would not be available to be inherited by anybody except the reverse mortgage company. Unless the heir pays off the principle due on the reverse mortgage.
I'm sure others are more familiar with reverse mortgage contracts than I am. But if my logic is even close to accurate, a phone call to the reverse mortgage company might provide a whole lot of information about the alternatives. If any.
BUT did anybody else notice that the house has a reverse mortgage on it? See post #7. I'm not that familiar with reverse mortgage contacts, but it seems logical that the home would not be available to be inherited by anybody except the reverse mortgage company. Unless the heir pays off the principle due on the reverse mortgage.
Under the law, the home can be inherited by the heirs. But, they will be inheriting a property with a mortgage that can be called in by the lender based on the death of the borrower. The heirs can pay off the mortgage with their own funds, get their own loan to pay off the reverse mortgage lender, sell the house and pay the lender from the proceeds, give the house to the lender or just default and let it be foreclosed on.
Sounds to me like they are already at the foreclosure point. They may be able to stop the process by showing the lender failed to properly make notification, but, the lender can also keep it going by showing they did everything by the books and it's the fault of the heirs that they failed to act in a timely manner.
Under the law, the home can be inherited by the heirs. But, they will be inheriting a property with a mortgage that can be called in by the lender based on the death of the borrower. The heirs can pay off the mortgage with their own funds, get their own loan to pay off the reverse mortgage lender, sell the house and pay the lender from the proceeds, give the house to the lender or just default and let it be foreclosed on.
Sounds to me like they are already at the foreclosure point. They may be able to stop the process by showing the lender failed to properly make notification, but, the lender can also keep it going by showing they did everything by the books and it's the fault of the heirs that they failed to act in a timely manner.
Your points are spot on and valid.
I've seen properties on our county foreclosure auctions be removed from the docket an hour before the auctions if an arrangement can be made with the bank (plaintiff).
Here it's called Master in Equity auctions.
Being able to sell the home is another matter. I recently wanted to buy such a property and spoke to the closest of kin and their parent had no will. That heir petitioned the court to appoint an executor so they could get the deed into the name of the rightful heir so they could sell or occupy the property.
Hopefully the Op can delay or stop the auction by negotiating with the bank with the help of an attorney.
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