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Parents left a will and you are the appointed executor what di you need to do about there home mortgage?
Wiki User
∙ 9y ago
you need to get it paid off. and or sell the property
Wiki User
∙ 9y ago
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If a decedents home is left out of their trust is the executor still liable to pay the mortgage?
The home is a part of the estate. It does not matter that it is or is not in a trust. The executor is responsible for taking care of all of the assets of the estate.
Can brother executor prevent sibling from living in mothers home while she is still living?
The executor has no power while the person is living. Until they are appointed by the court, they have no power.
Can an executor do maintenance work to a family home when the other children are not consulted and they are being held responsible for the cost of repairs?
The executor must be appointed by the court. Once appointed they have the authority and responsibility to do whatever is necessary to settle the estate. That is the purpose of having an executor. If repairs are necessary to maintain the property or to prepare it for sale the executor has the authority to arrange for the repairs.
Does the executor have the right to a key to the temporarily occupied home of decedent?
Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.
Where do you get your parents will at?
The contents of a Will are your parents' personal and legal business. It is none of a child's business unless the parent shows you the Will, includes you in estate/will planning, or you are named the Executor/Executrix of the Will (this is not a minor child). When the parents die, the Executor/Executrix can contact the parents' Attorney to get a copy of the Will, if it's location is unknown at home.
How could we change the deed from my parents name to the childrens name. They still have a mortgage on the home. what California deed would we use.?
If there is still a mortgage on the home then the deeds will be with the mortgage provider and they will not allow you to change the deeds without paying off the mortgage first.
Can your sister continue to reside in a home that was bought for her by our deceased father if he willed it to her and he was the only mortgage holder?
Provided the estate is solvent, she should be able to obtain the title to the home, subject to the remaining mortgage. She can remain in the home, but will have to satisfy the finance company's lien on the home through a new mortgage or paying it off. There may be additional clauses in the will directing that the mortgage be paid off by the estate. The executor of the estate, or their legal counsel, will be able to answer these questions.
Can you take out a home equity loan on a house if you are not on the first mortgage but are on the deed with your parents?
Yes but your parents being on the deed will have to also sign.
What recourse does one have if the person named as executor in a will did not get court appointed before removing property from a home?
You should file a police report immediately naming the person and the property that was taken. Until the executor is appointed by the court they have no authority to take property from the estate or to deal with the estate in any way.The person in possession of the will should submit it for probate and request appointment as executor. The appointed executor could press charges against the person who removed property absent any authority.You should consult with an attorney who specializes in probate immediately.You should file a police report immediately naming the person and the property that was taken. Until the executor is appointed by the court they have no authority to take property from the estate or to deal with the estate in any way.The person in possession of the will should submit it for probate and request appointment as executor. The appointed executor could press charges against the person who removed property absent any authority.You should consult with an attorney who specializes in probate immediately.You should file a police report immediately naming the person and the property that was taken. Until the executor is appointed by the court they have no authority to take property from the estate or to deal with the estate in any way.The person in possession of the will should submit it for probate and request appointment as executor. The appointed executor could press charges against the person who removed property absent any authority.You should consult with an attorney who specializes in probate immediately.You should file a police report immediately naming the person and the property that was taken. Until the executor is appointed by the court they have no authority to take property from the estate or to deal with the estate in any way.The person in possession of the will should submit it for probate and request appointment as executor. The appointed executor could press charges against the person who removed property absent any authority.You should consult with an attorney who specializes in probate immediately.
Can you add your name on a home deed to avoid probate?
No. An executor must be appointed by the court. That appointment gives the executor the authority to deal with any real estate owned by the decedent. The executor does not need to "add their name" to any deed. Once appointed, the executor has the authority to handle the real estate according to the provisions in the Will or the probate laws if the authority to sell the real estate wasn't granted in the Will. You should discuss this issue with the attorney who is handling the estate.
What are your rights to a home after a parent dies and still owes a mortgage?
The home belongs to the bank if there is money owed. The person who is to carry out all the wishes (executor) from the parent's will must either use other assets to pay the mortgage off or sell the house and pay the mortgage, keeping any profit. The bank will not clear the debt until it is paid, they will take the house by force if needed.
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.
