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what should we do?

Posted on: 03rd Feb, 2010 11:55 am
my husband mother past away 2 years ago and her home has her name on the deed. she left know will and my husband is the adminstrator of the estate. unfortunatley his sister took the insurance money and had a spending party, therefore the debt is still left on the estate. my husband and i would love to buy buy the home in order to take care of the debt. as time as passed on, we are experiencing having to take care of this home finanically and the sister(aire of the estate) is kicking back doing nothing to help. what should be do? the homes 1st mortgage is paid off but there is a balance from the second mortgage, and it's paid up until 2030. we are not looking to gain money from this property, but my husband wants to keep his mother's home, to be honest, i think it's a great home!!!
Hi caldeniseross,

You have mentioned that your husband's mother had left a will. The will needs to be probated first and then the property would be divided accordingly. If your husband and his sister both are listed as the heirs to the property, then both would receive their shares.

Thanks
Posted on: 03rd Feb, 2010 11:00 pm
His mother did not leave a WILL nor know one name is one the house but hers(m The deceased mother). My husband did got through probate in order to become the Adminstrator of the Estate.
Posted on: 04th Feb, 2010 06:02 am
Hi Denise!

Welcome back to forums!

If there was no will, then your husband could have filed an affidavit of heirship and get the property transferred in his name. However, in that case his sister could also claim her heirship to the property. You husband can buy her out by offering her a certain sum of money and get the property transferred in his name.

Feel free to ask if you've further queries.

Sussane
Posted on: 04th Feb, 2010 09:56 pm
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