Q: My niece has POA for my grandmother. For some reason she has stopped paying my grandmothers mortgage payments. The house
Is in default and heading into foreclosure. My grandmother has plenty of money in her account to cover the payments. This house has been in the family for a long time. Besides my grandmother I am the only person on the trust. What can i do? Cant she get in trouble for not paying ny grandmothers responsibilities?
A: Yes, your niece can absolutely get in trouble for not paying the mortgage, but she may not be the only person responsible. It depends on who is on title, who is on the mortgage, what the trust says, etc. If your grandmother has capacity, she can probably sign some documents that will help remedy the situation. If she does not, then someone may have to go through conservatorship proceedings to take over your grandmother's affairs or potentially file a petition for the trust depending on ownership and structure of the trust.
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.
