Asked in Estate Planning and Foreclosure for Oklahoma

Q: My father passed in 2011. I was left with real estate upside down. Now, it will not sell. What choices do I have as PR?

I have paid the mortgage payments, but cannot get monies to satisfy creditors? I have an attorney, but the updates are not affordable. He passed in Oklahoma with no will. What happens now if we go to foreclosure? Or what can I do to stay out of foreclosure? I do not know why my attorney did not pay his house off when the monies he collected in 2015 bank statements claim we could have done this?

Related Topics:
1 Lawyer Answer
Richard Winblad
Richard Winblad
  • Estate Planning Lawyer
  • Edmond, OK
  • Licensed in Oklahoma

A: I'm not sure that I understand your question. It sounds like the amount owed on the mortgage exceeds the value of the home. If this is the case there would be no proceeds from the sale to distribute to creditors or heirs. However, if you have made mortgage payments from your own funds and there is some equity, I would seek reimbursement of those funds prior to paying general unsecured creditors.

As to monies from bank accounts, you should certainly want an accounting.

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.