Sherwood, OR asked in Probate for Oregon

Q: dad left a will to his house to Mom and I. owe 50g's how do we keep from losing it? make payments on his debt?

My uncle is the executor and says we have to sell the house to pay off his debt. Is there some way to make payments? The house only has a $50,000 balance. My uncle is trying to sell everything to pay his debt and leave us with none of his personal things that have sentimental value. His truck was willed to my Son and motorcycle is in dads name that is mine for 15 years but stayed in his name because there was no need to change it at the time.

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3 Lawyer Answers
Joanne Reisman
Joanne Reisman
Answered
  • Probate Lawyer
  • Portland, OR
  • Licensed in Oregon

A: If you take the time to consult with an attorney who has expertise in both debt and probate, you will probaby get some really good answers. But the Attorney will need to spend some time asking questions and make sure they know all the details of the situation before they can respond. So it is just not possible to trouble shoot this on the internet. What I have seen that may or may not apply, is home mortgage companies will generally let the widow of the deceased person take over paying the mortgage on a house without requiring them to refinance. One has to be be careful as to how one figures this out because if the mortgage won't allow this and you call them they may foreclose the house just because the primary mortgage holder has now died, but if they just keep getting checks in the mail they might not care. They normally don't care who pays the mortgage, just that they get a check every month on time. As for the vehicles, it is easy to take the will and a death certificate down to DMV and get the title of a vehicle transferred into the name of the recipient. There are often things you can do to keep property after someone dies and sometimes you can delay or avoid paying creditors. So your Uncle may be acting on what he thinks is right but he might be very surprised to find out that there are better ways to do things. He may just need to get good legal advice from an experienced probate attorney. Experienced being the key word - some of the newer attorneys haven't learned all the tricks yet.

Joanne Reisman
Joanne Reisman
Answered
  • Probate Lawyer
  • Portland, OR
  • Licensed in Oregon

A: PS probate is not a legal requirement. Sometimes it is much better NOT to do a probate. Talk to a lawyer.

Vincent J. Bernabei
Vincent J. Bernabei
Answered
  • Probate Lawyer
  • Beaverton, OR
  • Licensed in Oregon

A: Your uncle as personal representative of your father's estate has the responsibility to pay all creditors if assets are available. Still, there may be options available other than selling the home and personal belongings. If the only debt is the $50,000 owing on the home, then you and your mother can continue making payments and continue to live there. If you have proof that the motorcycle is yours, you may have to file a claim against the estate. You should contact an attorney to assist you in determining and asserting your rights.

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