Q: Can a house go into foreclosure while waiting for probate letters? We have been hung up by Kings County NY since May.
My mother is the executor. She has been handling the probate process with a lawyer from Upstate NY. In the meantime, bills have been accruing since May. The mortgage was in good standing when my aunt died. Since I will get 1/3 the house value am I in danger of losing my part of inheritance if Kings County NY probate court continues on delaying release of probate letters. Can a house in NY State be foreclosed upon if the probate court is responsible for not providing the letters needed to legally more forward?
A: Yes, the mortgage must be paid. However, you have two issues. One, I do not know if you have a lawyer, but letters should be issued by now. You can get preliminary letters if you need to sell the house more ASAP. After all, Winter is coming and someone must take care of it. Two, you can reach out to the bank. Answer the foreclosure. Do not default. That will slow it down to buy more time. This happens all the time.
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