My sister recently passed away. In her will, she beqeathed all interest in her half of the marital home to her spouse. According to her spouse, he has consulted an attorney regarding the will and was informed that no matter what the will stated, my sister's four children retain their mother's interest in the marital home. Nonetheless, he kicked the children out of the home immediately following her passing and none have resided there since. Her spouse has recently been threatened with foreclosure by the mortgage company.
My question is, if this home is foreclosed and auctioned, can my nieces be held responsible for half of the debt? I can't seem to get a straight answer from anyone on this. If their credit will not be affected, I say let it foreclose and let my sorry brother-in-law take the hit to his credit. If they will be affected, I want to do what I can to prevent it/sell it before foreclosure, etc. Anyone with experience in this area?
2007-06-29 10:01:53 · 4 answers · asked by TKD Mom 1 in Business & Finance ➔ Renting & Real Estate
Your nieces will not be held responsible for the debt unless their names are on the mortgage loan. However, they may lose their interest in their mother's home if it is foreclosed upon.
They need to contact an attorney immediately. Laws differ by jurisdiction, but it's likely they can get the stepfather out of the house before the foreclosure under a statute that provides that a partial owner may not do anything that jeopardizes another partner's investment. That also covers a lack of maintenance, as well as non-payment of debt.
I assume the daughters are adults. If not, you should represent them as their closest relative.
2007-06-29 10:12:37 · answer #1 · answered by Cheryl G 7 · 0⤊ 0⤋
If his and Her name where on the mortgage, and her will did not state her half goes to the children sorry it is his. Question did she not have insurance on it to cover the remaining mortgage in the event of her demise? Most people do. If not it looks like the dad wants to make sure the children do not get saddled with the debt. No your nieces will not be responsible.
2007-06-29 10:09:17 · answer #2 · answered by Pengy 7 · 0⤊ 0⤋
Mark has it right Debts are not inherited. If the estate does not have the money to pay a debt, the debt owner is out of luck.
2007-06-29 11:07:03 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Some answers about foreclosure Here:
http://www.foreclosureinfousa.net
2007-06-29 10:17:28 · answer #4 · answered by Anonymous · 0⤊ 0⤋
you need to consult a lawyer. I dont believe debts are inherited, however there may be a claim against the balance of her estate.
2007-06-29 10:34:34 · answer #5 · answered by mark 6 · 0⤊ 0⤋