being sued for dead mother's mortgage??

[mechee304]

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

my siblings and i recieved a letter that we are being sued for monies owed for our mother's mortgage. she passed away in april and none of us want the burden of her property so we were assuming it would go into foreclosure. she didn't have a will or power of attorney or anything of the sort. are we liable for any of this? what will happen if we don't respond?

 

[cyjeff]

When she died, was the house passed to you?

If it was, you got the asset and the liability.

 

[TinkerBelleLuvr]

she didn't have a will or power of attorney

who is doing probate?

 

[mechee304]

no one..i mean.. my brothers and sisters aren't so i am assuming no one.

 

[TinkerBelleLuvr]

You and the siblings are going to have to do probate.

Now, who's going to call the bank and find out why they are suing y'all?

 

[mechee304]

i guess they are suing for the money she owes on the property. does going through probate cost a lot of money? i just can't afford anything right now. she didnt have life insurance either. donations paid for the funeral and burial.

 

[TinkerBelleLuvr]

The children's names appear SOMEWHERE in the documents. Did someone co-sign?

 

[mechee304]

no. not any of us. i believe it was a va repo and she got the loan through the va dept but then she re-financed some time ago and now bank of america has it

 

[TinkerBelleLuvr]

Someone may be ASSUMING that mom had assets that were gifted to you and the other siblings.

You really need to probate since mom didn't have a will.

 

[mechee304]

thanks for your advice. do you know a ballpark figure of what going thru probate would cost?

 

[TinkerBelleLuvr]

Many times it depends on the size of the estate.

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