My brother in law recently passed away. He had no will. They owned property worth 48,000. This is the place where my sister and her children reside. The brother in law had a loan against the home for 8000. Which was paid for when he passed away, but now the loan company where they had the loan wants to take it to probate court. Also today she recieved a letter from a creditor that he had years ago about a mobile home that he had with his ex wife, and they are wanting 26000. My question is what can my sister do, this home is the only place that she and the kids have to live and she has no job?"
2007-02-17 07:14:45 · 6 answers · asked by tammybonita 1 in Politics & Government ➔ Law & Ethics
How old is the loan on the mobile home? If it's more than 4 years old in my state, the statute of limitations to collect it has passed. Some states allow 6 years. If you call your state bar office, they can refer your sister to an atty for free advice. In my state, this type of advice would probably be given from state bar attys over the phone. She can also go to legal aid. Worst case scenario---if you can't find a free atty, loan her $150-200 for a good consultation with an atty. Paying off the house may not have been a good idea. It's an exempt asset in my state for any equity of $40,000 or less. So-if you consult an atty, ask about exemptions from collections. She could easily be "judgment proof", which means a judgment against her couldn't be collected. But the exemptions are not automatic. She has to file a very simple document called "Claim of Exemption." In my state, her car, her furniture, and most of her house is exempt from judgment. Why does the mortgage company want to take her to probate? Maybe you should let them. They pay all the costs if they file. Are they claiming she still owes them money? If she has debt problems, she could also go to Consumer Credit Counseling. They can force a creditor to take less in payments. If she's getting hassled, threaten bankruptcy. It's hard to fill out the paperwork, but an intelligent layperson can do it. You can also review the bankruptcy paperwork before you have the consultation with an atty and ask him/her specific questions. I'd ask the mortgage company why they want a probate--that's puzzling to me. Sorry I can't give you more specific advice, but the bottom line is-she can avoid these debts if she has some help.
2007-02-17 07:45:10 · answer #1 · answered by David M 7 · 0⤊ 0⤋
Try the link below, and watch the online movie presentation. This will get her in touch with a TOP Law Firm in her State that can handle this issue. Hope this helps.
2007-02-17 15:22:45 · answer #2 · answered by citronge69 4 · 0⤊ 2⤋
Do not ever rely on the internet for problems such as this.
You need real legal advise!
Contact a lawyer in your town in a small office to help you.
2007-02-17 15:39:55 · answer #3 · answered by charlotte q 2 · 0⤊ 1⤋
Get an attorney to probate the estate or she will probably lose the house.
2007-02-17 15:18:04 · answer #4 · answered by Starla_C 7 · 1⤊ 1⤋
Well I am not sure best bet is get a lawyer if she can aford one and let them sort it all out.
2007-02-17 15:19:12 · answer #5 · answered by Tom Sawyer 6 · 0⤊ 1⤋
Get a job and then a lawyer.I don't say that to be mean just realistic.
2007-02-17 15:19:04 · answer #6 · answered by Dr. NG 7 · 0⤊ 1⤋