• 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.

Will and mortgage

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

K

Kenny T

Guest
What is the name of your state? FL

I'm in a similar situation. My father died on new years day. He designated me as the Power of Attorney. In his will he specified that his current home--which still has nearly $50,000 left in payments--be left to his three children.

We are planning on allowing my sister to live in the house and continue to make the payments. Our attorney said that as long as the payments come in the mortgage company wouldn't care.

Shall I notify the mortgage company of all this? If I don't isn't technically fraud?

Do I need to Probate?
 


I AM ALWAYS LIABLE

Senior Member
Kenny T said:
What is the name of your state? FL

I'm in a similar situation. My father died on new years day. He designated me as the Power of Attorney. In his will he specified that his current home--which still has nearly $50,000 left in payments--be left to his three children.

We are planning on allowing my sister to live in the house and continue to make the payments. Our attorney said that as long as the payments come in the mortgage company wouldn't care.

Shall I notify the mortgage company of all this? If I don't isn't technically fraud?

Do I need to Probate?


My response:

What the hell kind of attorney is telling you this bullcrap?

First, the POA your father gave you DIED right along with him. It's now useless.

Yes, of course, you need to file for Probate! What happens when the house is paid off, or you folks want to sell the house? How do you think you'll be able to do THAT when your Dad's name is still on the title? Did your attorney REALLY tell you that bullcrap? It's very hard to believe.

IAAL
 
K

Kenny T

Guest
So I go to Probate with the Will in hand...I shouldn't have a problem keeping the house in the family--even though there is still a mortgage?

I knew that attorney was a nut. We had everything done while my father was in his last days in the hospital.
 

HomeGuru

Senior Member
Kenny T said:
So I go to Probate with the Will in hand...I shouldn't have a problem keeping the house in the family--even though there is still a mortgage?

**A: not true.
******

I knew that attorney was a nut. We had everything done while my father was in his last days in the hospital.

**A: probate.
 

Find the Right Lawyer for Your Legal Issue!

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