Is cosigner able to sue estate

[mckoy187]

What is the name of your state (only U.S. law)? Oklahoma

The cosigner on my father's mortgage has been paying the payments for the past year. Can they sue the estate to reclaim these payments? There are no liquid assets in the estate but there is equity in the home.

 

[justalayman]

If the home is not also in their name They should file a claim in the probate court as a creditor of the estate.

 

[tranquility]

I agree with justalayman, to sue the estate is too early. Make a claim. See what happens. If you think you have a serious claim that is not going to be fulfilled, then you can go to court for a lis pendens or more specific lien.

But, that is technical. Today, just make a claim.

 

[mckoy187]

I agree with justalayman, to sue the estate is too early. Make a claim. See what happens. If you think you have a serious claim that is not going to be fulfilled, then you can go to court for a lis pendens or more specific lien.

But, that is technical. Today, just make a claim.

What if I was trying to sell the house from the estate originally (as administrator but also I am the sole beneficiary) and the cosigner convinced me to keep the house and agreed to make the payments so that they could live there once the estate was settled. Basically things have changed and this person now doesn't want to live there and is trying to reclaim the funds they agreed to pay. If i had know this I would have sold the house almost a year ago.

 

[tranquility]

What if I was trying to sell the house from the estate originally (as administrator but also I am the sole beneficiary) and the cosigner convinced me to keep the house and agreed to make the payments so that they could live there once the estate was settled. Basically things have changed and this person now doesn't want to live there and is trying to reclaim the funds they agreed to pay. If i had know this I would have sold the house almost a year ago.

You must think of yourself as different persons. Think the Trinity. You are the Administrator. You are a Beneficiary. You are a creditor. Each is different; each needs to reflect on legal issues.

 

[justalayman]

Now you have added many facts that change the situstion. The tenant still needs to file a claim against the estate though.

Depending on the agreement between the administrator and the person living in the house, they may or may not have a valid claim for repayment.

 

[LdiJ]

What if I was trying to sell the house from the estate originally (as administrator but also I am the sole beneficiary) and the cosigner convinced me to keep the house and agreed to make the payments so that they could live there once the estate was settled. Basically things have changed and this person now doesn't want to live there and is trying to reclaim the funds they agreed to pay. If i had know this I would have sold the house almost a year ago.

I assume you are going to sell the house now? Why do you have a problem with refunding the money paid out by the cosigner?

However, if the cosigner has been living in the house for the past year, then it would be unreasonable for them to ask for their money to be refunded.

 

[latigo]

What if I was trying to sell the house from the estate originally (as administrator but also I am the sole beneficiary) and the cosigner convinced me to keep the house and agreed to make the payments so that they could live there once the estate was settled. Basically things have changed and this person now doesn't want to live there and is trying to reclaim the funds they agreed to pay. If i had know this I would have sold the house almost a year ago.

First of all I haven't a clue as to why someone is suggesting that you are creditor of your father's estate and in a position to file a creditor's claim. But it seems most certain that the person is also clueless of the purpose of a lis pendens.

Also, inasmuch as you have filed for summary administration - as opposed to securing letters testamentary and your appointment as personal representative AND being handicapped by not knowing the state where this is occurring I don't believe it is appropriate to speculate as to the need of the cosigner to file a formal creditor's claim.

Generally speaking when a petitioner files for summary administration and distribution is made without the need to publish notice to creditors and allow them a period of time to present their claims, the recipient of the assets is charged with personal responsibility for any legitimate debts owing at time of death.

Which is another problem here because it appears that the subject mortgage payments were made after death.

Also unknown is the current status of the title to the home. Does it still remain in the estate or have you deeded it out in your favor?

What you need to do is present all of this to your lawyer. There are too many unknowns and legal complications to sort it out here.

My thinking is that any future litigation over the mortgage payments - for which the cosigner may or not have the right to seek contribution - is going to be yours to defend.

Lastly, I think you would have multiple problems sustaining a defense based on the alleged agreement that the cosigner make the payments in exchange for the use of the home. There just isn't enough certainty or length of that arrangement to render it enforceable.

All in my opinion, of course.

 

[justalayman]

First of all I haven't a clue as to why someone is suggesting that you are creditor of your father's estate and in a position to file a creditor's claim. But it seems most certain that the person is also clueless of the purpose of a lis pendens.

Also, inasmuch as you have filed for summary administration - as opposed to securing letters testamentary and your appointment as personal representative AND being handicapped by not knowing the state where this is occurring I don't believe it is appropriate to speculate as to the need of the cosigner to file a formal creditor's claim.

Generally speaking when a petitioner files for summary administration and distribution is made without the need to publish notice to creditors and allow them a period of time to present their claims, the recipient of the assets is charged with personal responsibility for any legitimate debts owing at time of death.

Which is another problem here because it appears that the subject mortgage payments were made after death.

Also unknown is the current status of the title to the home. Does it still remain in the estate or have you deeded it out in your favor?

What you need to do is present all of this to your lawyer. There are too many unknowns and legal complications to sort it out here.

My thinking is that any future litigation over the mortgage payments - for which the cosigner may or not have the right to seek contribution - is going to be yours to defend.

Lastly, I think you would have multiple problems sustaining a defense based on the alleged agreement that the cosigner make the payments in exchange for the use of the home. There just isn't enough certainty or length of that arrangement to render it enforceable.

All in my opinion, of course.

The op isn't a creditor. The guy living in the house might be a credit, depending on what if any arrangement there was between the guy and the estate.

 

[tranquility]

The op isn't a creditor. The guy living in the house might be a credit, depending on what if any arrangement there was between the guy and the estate.

For some reason I thought the OP was the cosigner. My error.