Posted on: 20th Sep, 2010 06:24 pm
My brother took out a loan to remove a lien on his dead wife's property for back taxes. The property is in the names of his wife's trust,her brother,and her father. He has been paying the loan,taxes,and insurances for this property for the sake of his children's interest. Now that he has died, who is responsible for this loan? How does this affect his children's claim to the property under their mother's trust? What rights do his father-in-law and brother-in-law have since they have not been paying the loans,taxes, or insurances on this property?
Welcome ebm,
As the loan was in your brother's name, your brother's estate will be liable for paying off the mortgage. Once the estate pays off the loan, the children can file an affidavit of heirship and claim their mother's property. If the father-in-law and brother-in-law are listed as beneficiaries to the property, then they can claim their share of the property.
As the loan was in your brother's name, your brother's estate will be liable for paying off the mortgage. Once the estate pays off the loan, the children can file an affidavit of heirship and claim their mother's property. If the father-in-law and brother-in-law are listed as beneficiaries to the property, then they can claim their share of the property.
This is all correct. That's how the things really are. Thank you for the post.