• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Deceased Parents Household Debts

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

C

CJWaters

Guest
What is the name of your state? Maryland

Hello, my mother has just passed in October 2003 & my father died in January 2002. My young children and I lived at home with my parents to help with their physical disabilities and the bills. All of the bills are still in my parents' name. And for some reason beyond me, my mother refinanced the home. Am I responsible for the existing Gas & Electric Bill, Water Bill & Mortgage? I would like to continue living in the home, but my parents bills are way beyond my current income. Do I have any recourse?
 


Dandy Don

Senior Member
If your mother left a will, then the executor of her estate is supposed to be taking care of this if she left any assets.

If not, then you need to be talking to the mortgage company to make arrangements to assume the mortgage if you want to continue living there, and yes, you are now responsible for the utility payments too.

If you don't want to continue living there, then discuss with the mortgage company that you are interested in selling the home and in getting their permission to do it.
 

I AM ALWAYS LIABLE

Senior Member
Dandy Don said:
If your mother left a will, then the executor of her estate is supposed to be taking care of this if she left any assets.

If not, then you need to be talking to the mortgage company to make arrangements to assume the mortgage if you want to continue living there, and yes, you are now responsible for the utility payments too.

If you don't want to continue living there, then discuss with the mortgage company that you are interested in selling the home and in getting their permission to do it.

My response:

Dandy, you said - -

"discuss with the mortgage company that you are interested in selling the home and in getting their permission to do it."

Perhaps you should rethink this statement. The bank isn't going to "permit" anything. Our writer is a "legal stranger" to the bank under the mortgage contract.

I know you know the proper answer. How about giving our writer the benefit of your knowledge? It has to do with "Letters Testamentary".

IAAL
 

Dandy Don

Senior Member
Instead of being so mysterious, why don't you go ahead and satisfy our curiosity by giving a complete response including the phrase LETTERS TESTAMENTARY, as you suggested.
 

I AM ALWAYS LIABLE

Senior Member
Dandy Don said:
Instead of being so mysterious, why don't you go ahead and satisfy our curiosity by giving a complete response including the phrase LETTERS TESTAMENTARY, as you suggested.

My response:

Okay, Dandy, I'll correct and complete the job you utterly failed to do.

You suggested that our writer should "talk to the bank" without determining whether or not an Estate Probate action had been filed with the court. You can't just "waltz into" the bank and say, "change the mortgage into my name".

Probate orders are necessary, and our writer needs to be appointed as the Executor or the Administrator of the Estate. Those orders are called "Letters Testamentary".

Letters testamentary or of administration formalize the personal representative's appointment and his or her authority to act on behalf of the estate throughout the probate proceedings. "Letters" are also the vehicle by which the representative executes the mandatory oath.

In effect, those "Letters", or "court orders", tell the bank that our writer has the "authority" to deal with the bank directly, and to allow the bank to decide whether or not our writer should have the opportunity to refinance the mortgage into her own name, or to "call in" the loan - - because the mortgagee is dead.

The "Letters" would also allow our writer to sell the property, pay off the mortgage, and to take any equity money to do with as she pleases, or if there are other heirs, to distribute the equity among any other heirs and/or pay off any outstanding Estate debts; e.g., last illness medical bills.

In summary, our writer needs to file a Probate action with the court to obtain the necessary orders to act on behalf of the Estate - - the Estate includes the home, and all other assets and liabilities.

IAAL
 

Dandy Don

Senior Member
Your advice is excellent as usual. But what I actually said was talk to the mortgage company (NOT THE BANK) about the financial arrangements--since the mortgage company owns the property, the interested parties can discuss matters with them at any time.
 

I AM ALWAYS LIABLE

Senior Member
Dandy Don said:
Your advice is excellent as usual.

MY RESPONSE: Of course it is. Nothing new there.




But what I actually said was talk to the mortgage company (NOT THE BANK) about the financial arrangements--since the mortgage company owns the property, the interested parties can discuss matters with them at any time.

MY RESPONSE: Bank, Mortgage company, six of one, half dozen of the other. Big deal.

And, without Letters Testamentary, there simply ARE NO "interested parties". Our writer can talk up a blue streak to the Bank, Mortgage company people, and they would look at her and say, "And who are you again? And, why do you want to discuss our contract with your mother?"

You see, with Letters Testamentary in hand, our writer would then "have the right" and the ability to discuss the mortgage with the Bank, Mortgage company people. Until that happens, they're just show her to the door and say, "When you have court orders in your hand, then please come back and see us."

IAAL
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top