father's home in probate

[bellyshaker]

I live in Oregon. My father passed in Aug. and his estate is in probate. The house went to his estate but is to be divided between my brother and I if ever sold. We are not to sale it unless forced and I am to live in the home until I die. I am to take over the mortagage when the probate is settled. I am living in the house as of right now and have been paying the mortgage payment. Am I supposed to be paying the payment or am I supposed to wait until probate is over? What is the legal way of doing this? Please help me as I don't want to be paying a large mortgage if not needed but I don't want to chance losing the house if I don't.

 

[ALawyer]

I am very unclear on your situation. If your father left the house to the estate -outright then you would have no legal right to live there and you and your brother would share the proceeds when sold. If he left it with no instructions that you should have the right to live there (perhaps on condition that you pay the mortgage) or have a life estate, and not sell until required and only then it is to be split, that's something else entirely.

One thing is for sure, the mortgage company will NOT want to wait to be paid its mortgage, so if you don't pay it and the estate doesn't pay it, it would foreclose.

I assume you guys have a lawyer helping you thru the probate. Ask the lawyer how to handle it. If not, hire a local lawyer to help you out and avoid problems.

 

[advisor10]

12-1-2001

DEAR BELLYSHAKER:

Be sure to discuss this with the executor of the estate. Technically, the mortgage is an expense that could be paid from estate monies (if money is available) and it is their responsibility to pay it in behalf of your father since he is no longer alive to do it. Your responsibility is not official until the date the estate is settled. The probate court has procedures in place for the executor to be able to get monies for necessary expenditures, if needed.

SINCERELY,

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