No Will and a Mortgage on Real Estate Do I probate?

[Vette727]

West Virginia - My mother passed away with no will to be found. Her life insurance was paid to my brother the beneficiary with the understanding from my mother to pay towards her house mortgage. My brother did not do as my mother wanted. He has kept and spent all the insurance. My mother had few bills but there is a $100K house mortgage left. She had me on the deed (I did not know this) but that means nothing if the house is not paid off. My question is do I probate this? I cannot afford to pay two house payments and the mortgage lender will not discuss the account with anyone but the executor of the estate. I would like to sell the home as it was appraised for $165K five years ago. If I probate the estate will this give me time to sell the home? Help what do I do???????

 

[nextwife]

What is the CURRENT market value? What is the legal status of the mortgage as to any FC action? What is the condition of title (all mortgages, judgments, etc)?

 

[anteater]

What is the CURRENT market value? What is the legal status of the mortgage as to any FC action? What is the condition of title (all mortgages, judgments, etc)?

And, I would add, how exactly does "She [have you] on the deed?"

 

[nextwife]

And, I would add, how exactly does "She [have you] on the deed?"

Good point. Probate may be unnecessary.