Belt Auction

My mother passed on leaving her home and a small amount of debt with no will can her home be taken from us?

I have contacted her creditors and I have keept up her monthly mortage along with paying some of the smaller bills(credit cards) My sister and I are the only living relatives and agree that we will sell her home and pay off any open balances she has. yet I've been told that it does not matter what we do probate will take her home and auction it off and leave us with nothing. Can this really be correct information. please help me get a better understanding.

Public Comments

1. Talk to a lawyer, as you do have rights
2. depending on which country your from it sounds like you could loose your home from having it auctioned away from you. if i were you i would see a lawyer and discuss it with them as soon as possible. good luck!
3. Since she died without a will, her home doesn't belong to you, it belongs to her estate, and a probate court must settle her estate, including her debts. If the court needs to sell the home to pay the debts, then it will. The saddest thing about it is that lawyers will "steal" (by charging outrageous fees for doing nothing that is of any benefit to society) much of the estate's worth as it goes through the probate process. It is not necessarily true that you will be left with nothing. When all debts have been paid off and the attorneys have had their lion's share, anything left over will go to her next of kin. It may take a year or more.
4. talk to an attorney.
5. This is incorrect. You are being the blood relation, you inherit the property even though she has not willed it to you. As far as the mortgage is concerned, you take over the liabilities. When you both are willing to take over the liabilities and make your intentions through a legal notice, they have to consider your inheritence and subsequently you can dispose off the property after getting the proper registeration of the property in both your names.
6. It depends where you are from but you really need to get legal advice.
7. Check with your lawyer, which is always best when dealing with an estate. I'm not sure what your state's laws are regarding intestate succession (in other words, how an estate is passed on when there is no will) or how the estate taxes are handled, but in Indiana the heirs are required to pay tax on what they receive. Of course, if you don't pay state taxes, they might come in and sell the house to get their money.
8. by ding in testate the passing of you mother has triggered a due on sale clause in the deed of trust. Most lenders however do not want the home they want the money. I would take the information you have to the probate court and have the home placed in both your and the other siblings name and refinance the home in your names until you can sell it. If there is plenty of equity in the home you will have to publish all claims on her estate in the newspaper for a period of time. When that time has past then you can close the estate. I am sorry for your loss--Good luck to you!
9. You will need to go through probate, but a qualified lawyer can guide you through this process. Although the exact laws and procedures will vary by state, all states have laws that govern what happens to property if someone dies without a will. It almost always goes to the closest living relatives. with the assistance of the probate court, you should be able to sell you mother's home, pay the creditors and split with rest with your sister. You can all the lawyer referral service of your local county bar association for the names of qualified lawyers.
10. Generally speaking, the debt of parents do not pass on to you. However, if you inherited the house through the intestate succession, then you would assume the debt ... mortgage and perhpas make a lump sum payment or make an arrangement with the creditor.
11. Depends on the law in the state in which the home is located. Most states, without a will, the property passes equally to all living heirs. You must file a probate in order to sell the house as unless you are on the deed, you cannot sell the house. Talk to a lawyer and find out how to proceed.