Probate-Probate Court

concernedaboutbill asked:


When we sold our home last year the second mortgage was not paid. When the closing agent did a title search for the property the second mortgage had been fully released, paid in full, and cancelled in county probate court. When we called the agency they reported that this was an error and that we still owed the debt. Apparently they tried to reinstate the loan on the home that was sold but was unsucessful because now there has been a SECOND cancellation and release of the mortgage filed in probate court that states that the mortgage was fully satisfied, paid in full, discharged, and released. Do we still owe the money since they have filed this release TWICE with probate court?

Jonas Nakata

Spencer asked:


the person is missing how can i get probate court to remove their name and put in my name only

Randall Williams

NF asked:


We are buying a place that’s in probate in Los Angeles, CA. The deceased former owner had a reverse mortgage with Financial Freedom. She owed 600k.

The purchase price that the court approved is 550k. The bank that owns it now is saying this has to go through a short sale process. The attorney on the other side says that the bank has to accept the price at 550k. The bank is saying that the offer has to be approved by the investor and needs to go through a short sale process?!!

Who is correct here??

Felipe Morales

blewz4u asked:


Hi Yahoo Answers Friends,

You don’t know us, but I am hoping someone out there can help. We are going to be evicted from my mom’s home, My daughter (12) and I moved here to help her, she died just before Christmas, 2004. I recieved a notice from a deputy today, saying I have five days to respond.

My brother in Vermont, is the executor of the estate. He is not running things properly and when a probate court hearing could not determine wether we should pay rent and if so, how much, he proceeded with a civil eviction.

The house is un-repaired since Hurricane Charley. The estate has the insurance money. We’ve been patient, keep it from falling apart, hoping the others would “do the right thing” and give us a chance to keep it. We are 50% benefactors; the estate lawyer sent us a letter telling us they are filing an eviction BEFORE they fix the house.
have five business days to respond and I cannot afford an expensive attorney, and to make matters worse, last April, I got hurt on the job and blew out discs in my back and have been on workmen’s comp since. I’m in pain, going to need 2 surgeries, and this doctor scares me. My savings are almost gone, workmen’s comp is only $560 every 2 weeks, I’m worried about what’s going to happen to us, we only have each other. I no longer have the money for a retainer. I need someone willing to work with us to save our home and keep us off the street.

I have just learned that an executor can be sued for dereliction of duties. If letting the house fall apart, not getting repairs done in a timely manner, adding your own personal debts to the list of debts against the estate, not ever being present for proceedings, letting the insurance depriciation time elapse, not paying the taxes and insurance is not derelict, what is? How can he get away with this?
Do you know anyone that may be willing to help us?

Regards,

Scott
blewz4u@yahoo.com
PS. My brother hasn’t returned my phone calls in over a year. God knows I have tried to talk to him.
Even if you know of a place in the area we could move to for awhile it would be a great help.

Thank you

Blossom Corish

Ronald Jenkins asked:


I have a friend who has lived in his gransmothers home since he was a little boy. his uncle has guardianship through probate court of the grandmother, his uncle wants him out the home, but there is no lease he went to court and the judge told him that he has to leave, my friend states thats he is not a tenant because h does not pay rent but the home is paid off. is there anything he can do from a defensive side
The grandmother is still alive they placed her incompetent so his uncle is the guardian of estate and person

Tracey Zwilling

richandarlene asked:


My grandmother passed away last year. She left no will, has no surviving spouse but 4 surviving children. Two of her children live in the house which is in a co-op. The children never filed for probate and now the co-op has filed for it. The received notice and we have to go to court to request a hearing. It says that the court will appoint the fudiciary. My questions are:
1. Can we request that someone (like myself) be appointed as the fudiciary?
2. Can they tell the people living in the house now that they have to leave the property while it is probate?
3. Can the court force sale of the home if debts that are owed by the deceased cannot be paid by the family?
4. Do you have any advice?
Please do not state that we should hire a lawyer. We would if we could but they cannot afford to pay a lawyer. Also, all of the children are adults. The co-op does not like my family and I think they want to force them to leave and that is why they have filed for the probate.

Sierra Holberg

EBM66 asked:


OK, kinda’ complicated, but will try to make it as short as possible. My mother died over a year ago and left the house to the four children (I am one of them). One of the siblings (my sister) had been living there in an in-law apt. for over 12 years, was supposed to have paid rent, but never did.
We went to probate court over a month ago, the Judge ruled that the house was to be sold and he set the minimum price. After almost a year of promising to fill out the paperwork to buy the other three siblings out so she can own the house outright, she still has done nothing. My brother took her to a mortgage lender who approved her verbally, but she still refuses to commit one way or another. She still claims she “doesn’t know”, meanwhile, the other 3 siblings need the money from the sale of the house, but we can’t sell the house because she won’t make a decision to buy and stay or leave and sell.
Anybody have any idea what my options are.
Thank You in advance.

Michale Parish

mandey7 asked:


He also owes taxes on the land. It’s not in probate court as of yet, he died 2 months ago. Can the HOA take the land? His HOA fee’s are $300 per year and they are now coming due, but he is not behind on them.

Rozella Caras

Generation asked:


Both parents died in 1981 and 1983. I have maintained and paid off the home and yearly realestate taxes. I do have siblings that have refused to sign quick claim deeds. The home has never been probated in the courts and is still in my parents names. I have also lived in this home since 1981.

Wayne

beachbum asked:


what if something happened to him, do i have rights, we have 3 kids does it go to the probate courts

Linwood Balsamo