Q: Deed to my father's home is in my name (estate in probate) but the pr refuses to add me to his loan or to remove hers
She had loan changed to estate of and has her name on as the personal representative....I have paid all bills since his death and have the deed in my name...she refuses to put me or our other sister as administrator on this loan....can she take this house from me
A:
There is something wrong in your description. If the house really is already 'in your name' then it should not have been in probate. If it is NOT in your name, then the PR has the right (and obligation!) to distribute it according to the will.
The PR cannot do ANYTHING with the loan except pay it off if that is what your father wanted. Only the BANK can modify the terms of the loan. If your father's estate does not have the money to do that, or that is not what your father directed, then she can't do that either. You need to take the will and ALL the other paperwork to a local estate attorney to review so he/she can figure out what is going on and what you should be doing here.
Do this ASAP!
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
