Q: Where can I obtain a petition document for partition action in court of chancery in Sussex county delaware.A
My mom died intestate with a mortgaged home the lender sold portfolio of mortgages and in paperwork it showed owners death certificate but didn't show any documents of the 3 heirs so now the new mortgage co. Is trustee and said they need our birth cert. And signed quit claim deeds from the 3 adult children in order to legally give any info on mortgage and for the 3 heirs to become successor of interest. One of the 3 sibling heirs died July 2022 is his wife entitled to his share and if so does she have documents to file to gain his interest with the court or beings he legally lived in the home with parents for 14 ye
Also there is over $100,000 in equity and one heir wants to foreclose snlaying she wants nothing from her parents and the other 2 heirs want to sell to gain any equity they can for there familys. The heir who wants forclosure has told sibling if they want the house to take out a home loan at today's value of home knowing thats not an option as he is not financially stable
A: You should immediately seek counsel from a Trust and Estate attorney who is familiar with foreclosure actions. You should contact the heirs and open an Estate with the Sussex County Register of Wills or in the County of her residence when she passed away and have the heirs appoint an Adminstrator of your Mother's Estate. That should be one of the heirs that everyone can agree on and that is capable of handling the process. I am sorry for your loss.
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