Q: I have my father's house trying to sell but the probate attorney is taking his time
If house goes into foreclosure do we need to still pay the attorney?
We already paid court and newspaper fees
Do we get that back?
A: If at all possible, you should make the monthly mortgage payments. The expenses of the probate matter are expenses of the estate. Once you have letters, you can negotiate with the lender for an extension of time to sell the house so it doesn't get sold in foreclosure. Your attorney fee agreement will determine if you still have to pay the attorney if the house is foreclosed.
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