Probate-Probate Court

cj asked:


Shortly after I was married in 1992, my now ex-husband persuaded me to help his mother qualify for a loan, since my ex was out of work at the time ( and still is, hence the divorce) and couldn’t sign.
I was naive to the process and went ahead and did so and her property was used as collateral.

When we divorced, the judge assigned the loan I sign for to my ex, but he ignored this order until his mother died, whereby he then began to haphazardly pay the loan himself,allowing it to lapse into default several times,all effecting my credit. I then hired an attorney a couple of years later, who’s tactic was to petition the probate court for the property, so I could sell it to pay the loan off,however, my ex then filed a quit claim deed his mother sign ~5 years before her death ( of alzheimer’s disease) and that was then end of that.

A few more years went by, with the same damage continuing to my credit,so I hired yet another atty who’s angle was to put a lien against the property for the marital debt he left me with. We then had a writ of execution and the day before the sale date, he filed bankruptcy, not only against me ( who then became a creditor) but also against the loan company! I then had to hire a bankruptcy atty to litigate for me for BK court. My ex is is a total ******* and a ball chain around my ankle for 10 years! Anyway, his bankruptcy fell thru ,thankfully, as I would of had a BK on my credit as well,but,,,, now the loan company is foreclosing on the property that secures the loan, because he’s so far behind in payments!

I work hard and pay all my bills on time, yet have this to contend with. My atty is a family law atty so this is not his area of expertise.and thus far I have a woman in the title dept with the foreclosure company looking into any rights I may have to sell the property, or anything else that may be able to help me out.

Any advice would be appreciated.

Celia Lone

diane asked:


Three years ago my mother in law died… leaving a over mortgaged home. The home is worth only about 10,000, with all the problems it has, however her loan is through citifinantial and is over 40,000. My husband has one sibling. Neither one of them can take on this loan; it’s not even worth going through probate court. The home is in her name at this time, it never went through probate, and we all decided it would be better to just let the bank foreclose on it. In doing that we were issued a summons. My question is, in NY state when someone dies, is the family responsible for there financial burdens? Please I need help on this one.

Andre Alarid

lyong222 asked:


I’m aware of a situation and the file on the foreclosure proceedings started in early Nov. 2009.
How many months would the bank have given the estate or the owner in “grace periods” before having initiated their serving of papers?
The actual owner died in Oct. 2008. The beneficiary of the house and the executor of the estate may have ignored the mortgage payments. I’m am guessing the bank would not have waited from Oct. 2008 to Nov. 2009 to begin foreclosure. However, one factor could have been they knew the house was there as part of the estate and was there to be foreclosed on and could have easily filed a claim with the probate court in the first 8 months after death.
I’m wondering if the beneficiary-executor may have paid the mortgage for some months beginning in Oct. 2008 and then abandoned it at a later date. And just how long do banks wait and wait before the begin foreclosure?
the house is in foreclosure. The executor and the beneficiary is the same person.

My question is how long do banks wait before they begin foreclosure?

In this case they waited from Oct. 2008 to Nov. 2009 but that might have been because they knew the house was there to be foreclosed on and they may have filed a claim for the balance of the mortgage with the probate court. And these facts could be why they waited 12 months to foreclose. The house goes to auction in a week.
I’m not the one foreclosed on but I’m going to bid on the house. The occupant is the will executor and the person who inherited the house back in Oct. 2008. They waited until 2-10-10 to put the house in their name. This was after the deadline to settle with the mortgage company and only 4 weeks before the auction. So, the lawyer says the guys title is worthless. I was just wondering how many months the occupant went without paying the mortgage. The estate owned the house when it was foreclosed on and when they served papers even though there was only one benefciary they served all the relatives of the beneficairy as defendents. The case says Wells Fargo vs. Mr. John Doe but on the papers served since Nov. 4th 2009, it shows about 10 defendents scattered around in NY, Ca. and SC. The house is in SC.

Craig Ricco

Stephanie S asked:


I searched here and found:
Q. What is a Realty Trust?
My sisters and I want to buy a house and put it into a trust so we all share the property. My lawyer suggested a Realty Trust but I can’t find anything on what this is.

A. You can share any property without a trust. Most states give you lots of great options for ownership among siblings. Probably Joint Tenants With Right of Survivorship. That avoid Probate in case someone dies. A trust allows you to avoid Probate Court when one of the owners dies. There is almost no other benefit. So you probably don’t need one. It would be a waste of $1,000.

Perhaps the answer is in there and I’m just missing it?

I also tried Wikipedia and there was no listing for it at all.

Leilani Oyer

Martinez asked:


Hello

There is a property i would like to byu at some point. It is Phillip Frost’s $50M Star Island Mansion. It is looking like he will most likely be dead by the time i can make a good offer.

So anyway ive been told that when he dies he is going to leave it to the State as a “Model of architecture” and that he is likely to clause the will to prevent the state from selling it on.

I have been told that the property would be run by trustees

Anyway here are my questions:

1. Is there any way at all the state could sell the property to me – howabout if i made a ridiculously high offer?

2. Someone said that the State have the power to over-rule any restrictions Phillip could set in the Probate Court using something called the power of eminent domain – is this true

3. If it is restricted and they cant change that could it be sold tio me anyway

Thanks

Ami Balcitis

Kayla Nichols asked:


my mom passed away a little over a year ago. She did not have a will. i went to probate court to look at her file, and the woman in the records department told me my name is going on the deed to my mom’s house, along with my step-dad’s. my step-dad was forced by the judge to turn in a deed of distribution with my name and his name on it. I’m so confused about what this means. I’ve never had to deal with anything like this before. Does this mean that i own part of the house? And if so, could my step-dad take it from me? Or could he have to sell the house to give me my part? any help would be appreciated. thanks.

Jackson Dunavant

jamies_0078 asked:


ok so the story is my mother had a stroke she moved in with me in my home she died after her death going through her papers i found a letter stating that she’s giving me her property but not signed by her nor witnesses she didn’t have a will if i go through probate court is my letter good enough to prove to the judge she wanted me to have her property i have 3 brothers and 2 sisters that didn’t give a damn about her but they care about the house’s and am more than sure they’ll fight me for them confused and not sure what my next step is???
i think i’ll call an attorney

Paul Watford

Patty asked:


contract. The land contract was up in Feb 2011. The daughter can not get financing but continues to live there (making monthly payment). The executor of the estate has said he filed papers in probate court. The problem is -her late husband paid for all funeral expenses – it states in her will that the funeral expenses are to be paid out of the proceeds of the house, but as I stated her daughter continues to live there. He has asked me to contact the executor which I have. What questions do I need to ask?
My brother in law has asked me to step in on his behalf. He feels he is getting the run around from the executor of the estate. The executor happens to be an attorney my sister once worked for. I have no interest just want to help my brother in law. It stated in my sisters will that the proceeds of the house (which was to be settled in Feb) is to reimburse for funeral expenses. My B-I-L just wants it all settled. He has no interest in the house but would like to settle on the funeral expenses. I did not think an executor could extend a land contract IF that is what he has done. I do not know how long probate takes.

Calista Lovings

Addicted2Taz asked:


I recently made a purchase agreement on a house and was supposed to close in two days. The woman who owned the house was in a nursing home and her daughters were Power of Attorney for her and signed the PA. The elderly woman passed away this past weekend. So POA is no longer effective. Now what happens? I already locked my loan. Are there penalties for that too??? Could the executor of the estate sell the house or does it have to go through probate court first.

Thanks for all answers,

Noe Rodino

Aaron F asked:


Here is my situation: I inherited a 55 and older condo over two yrs ago. The Association said that because they were a co-op that they give me the certificate of my share without having to go to court. After a year of going back and forth I went to probate court and was awarded the condo. Months have passed and I still get the run around from them. I have been a model owner, but I find myself wondering CAN I sue the Association. They have yet to give me my certificate of ownership so I can’t list with a real estate agent. I had an incident with a representative of the condo and because of that they cost me the opportunity to show the condo to someone who may have bought it. I pay monthly fee’s for a place that I can’t and never will live in. I feel they are going out of there way to make things harder then they should be. I know that I can go threw a litigation process with the state but at the end of the day they have cost me money. Can I sue them??

Adolfo Shofestall