Saint Louis, MO asked in Banking and Real Estate Law for Illinois

Q: My 2 daughters were named as heirs when my ex-husband died. There was no will and they signed a small estate affidavit.

He owned a house on which there is a mortgage. Nothing has been done with the name on the mortgage and his girlfriend is living there and making payments. The mortgage is now in default. Will this affect my daughter's credit? They want to sell the house and evict the girlfriend. How should this be done? They were estranged from their dad and feel as though they are being punished from the grave. Notices keep coming to their homes.

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1 Lawyer Answer
Ray Choudhry
Ray Choudhry
  • Moline, IL
  • Licensed in Illinois

A: The house will stay in husband's name until legally taken off through mortgage foreclosure or tax sale.

Only other way is for a probate estate to be opened and the house sold.

If the daughters are not on the note to the house, they have no liability.

Often, when a house is over mortgaged and there are no assets, the heirs just walk away.

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