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Please help Funeral Home is trying to take my Home!

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datherton2000

Junior Member
What is the name of your state (KY)

My Mom passed away in May of 2008. She resided with me all of my adult life and I was her sole caregiver despite the fact that I have three brothers. Just before my Mom died I was going through a very messy divorce. I purchased a home in November of 2007. My now ex-husband refused to sign a waiver at the close of my house. I put the actual deed to my home in my Mother's name, not expecting her to pass away so shortly. The loan officer and Realtor advised me to do this just as a precaution. The actual loan on the house is in my name. When my mother passed away my three brothers suddenly appeared only to team up to have my Mom taken back to the area where they live, to be buried. I was totally against this! My mother had always resided with me and I wanted her body put here, near me. I had initially signed papers at the funeral home as did my brothers. I told the funeral home director during a meeting with the family that if I did not have any say so about where my Mother's body was taken that I refused to pay any of the bill. He acknowledged me and then I walked out. Since the funeral home director has became very ill funeral home was sold to another party. The new funeral home director has now been awarded administer of my Mom's estate despite my wishes. And can only seem to find the paper that was signed by me releasing my brothers of all responsibility to pay on this debt. My Mother did not have any assets at all, other than the deed to my home being in her name. I am afraid that this funeral home director is going to try to sell my house for the unpaid debt. My question is can he do that and what can I do to prevent it. My home is all that I have I only put the deed in my mother's name to protect it during my divorce. I have made every single payment on my home, carried insurance and paid taxes all in my name alone. If anyone can help me out by suggesting what I can do next, I would really appreciate it. Thanks and God Bless... [email protected]
 


justalayman

Senior Member
well, it is in your mothers name. As such, it is part of her estate.

Depending on what you owe on the home and what it is worth, especially considering the extreme downturn in the RE market, it may not have any equity anyway. The bank does have a mortgage filed on the home, yes? or a deed of trust? (not sure what your state uses). If so, mortgage would have to be paid first before they bank would release the security interest.
 

datherton2000

Junior Member
Yes there is a loan on the property and there is no equity in it all I gave 60,000 dollars for it and I still owe 59000 and have paid on it for three years now. I was wondering if the bank has to comply before the property can be sold? Wouldn't the fact that I can prove that it is my home help me out in court? Because I have my banker and Realtor if necessary. Everyone involved in the closing of my house knows the circumstances.
 

justalayman

Senior Member
the problem is; it isn't your home. It is legally your mothers home. You just owe the money for it.


the bank doesn't have to approve a sale but they surely aren't going to release their lien until they are paid off. If there truly is no equity in the home, it makes no sense trying to sell it to pay estate bills.

another problem I see you having is; unless your mother had a will, intestate succession comes into play and that generally divides the estate property, including the house, equally among the decedents children. It would be subject to the mortgage but it could actually end up being shared by you and your siblings. Since it sounds like you don't have the friendliest relationship at the moment, they could cause you some heartache.

I would suggest you find an attorney that can help you with this. It could turn into a real mess.
 

Dandy Don

Senior Member
How much is the bill that you owe the funeral home? Can the brothers possibly assist you in getting this paid off? If you make arrangements to make regular monthly payments to begin getting the debt paid off (if you can afford to make monthly payments), then he won't go after the home. If there is any way you could get a loan from a bank or credit union to pay off this debt, then please do so?
 

latigo

Senior Member
“Oh what a tangled web we weave, When first we practice to deceive. . “
In attempting to deceive and out fox your ex-husband you out foxed yourself, kiddo. And it has come home to permanently roost.

And all this rationalizing business - you being mom’s sole caregiver - making all the mortgagee payments, etc., - acting on the advice of the mortgage loan officer - the feeble excuse you offer for denying your contractual obligation to the funeral home - may all be convincing to your ear, but it is nothing but sheer balderdash!

You need to understand that this is not your home! Not legally or equitably is it your home! As you have been told the title and recorded ownership of the home stands in your mother’s name and with her death it became an asset of her estate. And it is going to stay there until it is either sold by the personal representative or distributed to her heirs under Kentucky’s laws of intestate succession.
______________________

Furthermore, it is not true as you suggest that mother’s name is not on the mortgage loan. Not unless the lender was stupid enough to grant a mortgage loan without the recourse of foreclosure against the record owner.
_______________________

Then you complain about the action of the funeral home being appointed as personal representative (PR) of mom’s estate. Well, as a creditor of the estate it had a legal right to do so, whether you agreed or not.
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And understand this as well. Paying off the funeral home debt is not going to accomplish a blessed thing as far as the title to the home.

If you want that home transferred out of the estate and into your sole name, you’ve got a lot of work ahead of you. Which will involve hiring an experienced probate attorney to petition the court that you be substituted as the PR in place of the funeral home. Then as PR deal with the funeral home bill to see that it is paid. Then get the other siblings to agree to waive any claim to the home, or quitclaim it over, so that it can be distributed out of probate in your sole name.

Another possible option would be for the PR to sell the home to you for the amount owed to the funeral home plus the costs of administration incurred by the PR. But whatever, you would need to act only on your attorney's counseling.
 

anteater

Senior Member
Sue the loan officer and Realtor. :rolleyes:

The new funeral home director has now been awarded administer of my Mom's estate despite my wishes.
I realize that it is Kentucky and all bets are off there. But this sounds like BS. I don't know a court that would appoint a creditor to administer an estate when a child is willing to do so. Unless there is some factor that would disqualify the child.
 

latigo

Senior Member
I don't know a court that would appoint a creditor to administer an estate when a child is willing to do so. Unless there is some factor that would disqualify the child.
Why would the OP have applied for her priority of appointment as the PR?

My Mother did not have any assets at all . .
Incidentally, Arrdy I only insult individuals. Whereas you go after the populace of an entire state!:)
 

anteater

Senior Member
Why would the OP have applied for her priority of appointment as the PR?
Well, she did say that the appointment was "despite [her] wishes." Then again, her wishes may have been that the whole thing go away.

Incidentally, Arrdy I only insult individuals.
And a fine job of it you do, laddie! [Darn, no emoticon buttons when editing. But let's try... :) ]

Whereas you go after the populace of an entire state!:)
Hmmm... I may have to look up what was said about Louisiana!

Besides... There are states. And then there are States.
 
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latigo

Senior Member
Besides... There are states. And then there are States.
state n.

* * * * *

11. “Any body of persons constituting a special class or body in a community or state;

12. A form of government, esp. a government not monarchic;

14. A political body; any body of people occupying a definite territory and political organization under one government; esp., one that is sovereign;

______________________

“Webster’s New International Dictionary of the English Language Unabridged” (page 2461)
 

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