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Mom died. I'm living in her home.

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J

Jessica Gray

Guest
I've lived with Mom for 11 years. She died and I am still living in her mobile home with my 9 year old son. Can her creditors put a lien on this home to retrieve money due them and make me leave by forcing the sale of the home? Can I keep paying the mortgage and remain living here? Help! Don't want to be homeless. She wanted me to have this home. No will.
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Jessica Gray:
I've lived with Mom for 11 years. She died and I am still living in her mobile home with my 9 year old son. Can her creditors put a lien on this home to retrieve money due them and make me leave by forcing the sale of the home? Can I keep paying the mortgage and remain living here? Help! Don't want to be homeless. She wanted me to have this home. No will.<HR></BLOCKQUOTE>


My response:

Assuming you are an "only child", you need to hire an attorney to file a Probate Petition to have you named as the Administrator and to settle your Mom's entire estate. It makes no difference that Mom died without a Will. If you are "next in line" then the home needs to be put into your name - - IMMEDIATELY - - and the only way to do that is with Probate court orders. If you leave it in Mom's name then, yes, the creditors will come after it to pay her debts, if there is any equity in the home. Of course, in order to have the home put into your name, you'll have to qualify with the lienholder as the new mortgagor. If you don't qualify, then the home will be sold, and the equity given to you.

IAAL

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