Foreclosure on Joint Tenant property still in probate

[Jeezygirl]

What is the name of your state (only U.S. law)? Virginia

One of the Joint Tenants died leaving the surviving joint tenant with the property.

The mortgage note is solely in the name of the deceased joint tenant. The joint tenants were father (deceased) and daughter.

My question is:

Is it the responsiblity of the deceased person's Estate (plenty of assets) to payoff the mortgage/keep the mortgage current?

And, if so, what can be done about an Executor who has let the property go into foreclosure (remember, plenty of assets)?

Thank you for any help....

 

[seniorjudge]

Q: Is it the responsiblity of the deceased person's Estate (plenty of assets) to payoff the mortgage/keep the mortgage current?

A: No. The land doesn't belong to the deceased joint tenant; it belongs to the surviving joint tenant, liens and all.




Q: And, if so, what can be done about an Executor who has let the property go into foreclosure (remember, plenty of assets)?

A: The executor has no duty or authority over the land. (Read the first answer).

 

[Dandy Don]

What is your interest in the matter? Are you the daughter? Have you discussed this with the surviving joint tenant? Is probate finished or is it still ongoing now?

What would the home be worth if sold? How much in mortgage payments have already been made and how much in payments are left until it is paid off in full? Does the will mention anything about the home? Is the executor also a beneficiary and how has he been treating the daughter as far as estate matters are concerned (is he cordial or hostile)?

The executor should have been discussing this with the surviving joint tenant and the company holding to mortgage to resolve how the surviving joint tenant wants to handle the situation. Surviving joint tenant may have the option of asking the executor to pay off the remaining mortgage if there is enough in estate assets to pay it off.

DANDY DON IN OKLAHOMA ([email protected])