What type of Attorney needed?

[andrewg]

I have a friend that was widowed about five years ago. She lives in the house her deceased husband had purchased. After he passed away, she continued to make the mortgage payments and is listed on the monthly bill as an 'executor'. The deceased is still on the mortgage billing as being his estate. Since his passing she even managed to get a second mortgage (left with many bills) just before the real estate market fell. Her question to me is what are her legal responsibilities regarding the mortgage as executor....and/or can she either sell the property and reap the financial benefits (very little, if any), or can she just walk away without effecting her credit? I asked her if he had a will stipulating herself as the heir of the property or was it to go to one of his surviving children should she be forced to sell. She told me he basically had no will that she is aware of.
She's in a terrible financial state as the bills are mounting and the house is in disrepair (crummy manufactured home). She'd like to get out and either purchase a small condo or rent a place.
My question to you folks is what type of an attorney should she talk to to find out what her rights, responsibilities, and choices might be?
Thanks for any ideas.

 

[volk06]

What kind of lawyer? A good one!

If she is the executor of the estate she is liable for everything since her name is on the paperwork and took over the estate of her passed husband. She should be able to sell the property if/when all the paperwork is correct and she is the sole owner of the estate.

 

[mercuryblues]

My guess would be a real estate attorney, but I can't say that with 100% confidence.

 

[Al]

No will and she is the widow..she owns it.
Estates are supposed to be setled in like 9 months or there is a penalty/tax.

But I'm not a lawyer, obviously.

 

[Pop_Rivit]

Has the estate been through probate?

She will probably want to start with a probate attorney, but that estate sounds like it's quite a mess. A probate attorney can probably look it over and either work on it or make suggestions on what to do next.

 

[Win]

In my state, the statute of limitations for opening a probate action is five years from the date of death.

The only legal advice that is worth anything and that can be relied upon by your friend is that which comes directly to her from someone licensed to practice law in the state of the decedents last residence who has full knowledge of the facts of this particular case.

Some of the decedents property may have passed by operation of law, depending on how the property was held. The remainder may have to pass by whatever intestacy laws are in place in the state where the property is located if he in fact died instestate (i.e. without a will).

I get the impression this is a second wife from your phrasing "her deceased husband had purchased" and "one of his surviving children".

In my state, in that circumstance, had the man owned real property and wanted to create an estate of survivorship in that property with his new wife, I would have made a deed from the man to the man and his new wife with specific language in the deed to establish the four common law unities necessary to create a joint tenancy and to take advantage of other features of my states law. One of the characteristics of a joint tenancy is that the last surviving joint tenant owns the property.

States can, and do, legislate changes to the original english common law which takes us right back to the proposition that the only legal advice that is worth anything and that can be relied upon by your friend is that which comes directly to her from someone licensed to practice law in the state of the decedents last residence.

 

[andrewg]

Thanks for all input everybody. I'll let her know.