Foreclosure after death of ownder

[panther]

What is the name of your state? PA

I have a family member who has a home that is currently in foreclosure. She is the only owner of the home, and was recently killed in an auto accident (while moving her things out of her house). There are still many personal things that the family wants to retrieve from the house....what rights do the family have---ie how long can we expect to have before the house goes up for auction with all of her stuff still in it?
any advice is helpful.

additionally, any advice on how to find out what bills she may have had, etc. would be appreciated.

[danno6925]

You mentioned she was moving out. Was the home still hers or was it sold? Why was she moving out if she still owned it? Or was she killed during the forclosure process?

If she has a will, the distribution of her assets will be in accordance with her wishes.

If she didn't have a will, then you need an attorney soon - I mean like yesterday!!! Get an attorney to file the proper paperwork asap as her relatives, or you could find that her house and all of her stuff could become property of the state!!
From Dictionary.com:
IntestacyThe act of dying without a legal will.
"Investopedia Commentary
When a person dies without a will, the government will assume responsibility and determine the method by which assets will be divided."

In other words, the government gets first crack at the assets! You do not want that.

[panther]

She was moving out because the house was in foreclosure, and she knew that she would not be able to make payment in time to save the house. The house has not, as yet, been sold. She was moving in with her boyfriend. She was killed while moving things from her "old" home to her "new" home.

I understand about the distribution of property with a will (well, I know the basics, I'm no where near expert level), but what I am not clear on is if the house is in foreclosure, does the process continue on at the same/expected rate, or will the state/mortgage company take situations into consideration and allow extra time to collect her things?

Does she have a will? I need to find out. I am going to guess probably not, but I am in the process of trying to find out for definate. If she doesn't have a will, I agree, we need a lawyer sooner than ASAP, but you mentioned to have the attorney file the appropriate paperwork....what is the appropriate paperwork? I would like to go to the attorney somewhat prepared.

thanks for the reply.

[moburkes]

You won't need to prepare the attorney. They should already be prepared.

[panther]

you are right, the attorney should be prepared, however, it is sometimes a little easier for me to have a little pre-understanding of what to expect. It also helps to know if the attorney is a complete you-know-what. I know that it won't rule out all of the shysters.
thanks again!

[Bigfoot]

Contact the mortgage company. They can put you in touch with whomever is overseeing the eviction process. They may not know of your relative's death. By letting them know what is going on, they can inform the Sheriff's office prior to a lock being put on the door. Usually they will put a notice on the door, giving a deadline for moving items out.