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I'm the executor of my mom's estate. However, there's a house involved with a 2nd mortgage, on the deed is my mom's name and my brother's name. My mother's will stated to sale the house, my brother lives in the house, was paying on the mortgage but has since stopped paying on the mortgage. The mortgage company is talking foreclosure if the mortgage isn't paid, $9,000 is the balance, I would hate to lose the house. What rights do I have being the executor and his name being on the deed.
Just a guess: Anyone, but especially an Executor, can petition the court to consider your mom's interest in the house and appoint you to negotiate/represent the estate's INTEREST IN THE HOME. $9,000 should be nothing in the bigger scheme of things, and any money you have to pay from the estate to maintain the healthy relationship with the finance people should be in the interest of all concerned.
Which means COMMUNICATE and keep informed the money people. They handle money. They don't want the home especially if your bro comes with it!!
You then petition the court to charge any monies you or the estate applied to get the house sold, and take that amount and YOUR COSTS off your obviously non-responsive brothers interest in the home. Getting him OUT of the home is a whole other issue!!
Just a guess again: If your mother is still alive and you Executor powers have not kicked in I believe in most jurisdictions you are known as an "Administrator" of the estate. ??
How was the title to the house shown on the deed? If it was as joint owners with rights of survivorship (or as transfer on death, if recognized in your state), then your brother is sole owner of the house. The will has no effect on ownership as title moved to him upon your mother's death. If the ownership is as tenants in common (or as joint owners with no survivorship, or however else your state may define common ownership), then your brother owns half of the house and the estate owns the other half.
I'm sorry to see that no one answered your post in a timely fashion. I hope that you were able to work things out.
The above post is correct in that it depends upon how ownership was held. If your brother owned the house with your mother as Joint Tenants with Rights of Survivorship, title transferred to him upon your mother's death, regardless of what may have been stated in a will. If it had been held as Tenants in Common, your mother's interest would have become part of her estate.
If this is not yet resolved and if the property hasn't been foreclosed upon, regardless of your brother's ownership interest you should see if he will Quit Claim you his interest and then you can take care of the mortgage. Again, I hope that things worked out for you.
When in doubt about legal issues, it's always attorney time.
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