Q: My mother in law died over a year ago. Her estate was insolvent- she owed much more in debts than she had in assets.
My husband is her only heir. He and I declined to take on any assets (namely her home and car) and we declined to administer the estate. A debtor is now suing for foreclosure and we are receiving endless summonses because we are named as heirs/interested parties. Do we need to answer these summons if we have no interest in the house? How can we make all the summons/letter stop?
A: Whether or not you are willing to accept or be responsible for any interest in the state, you have an interest which needs to be addressed in the foreclosure action. You will continue to receive information. If you do nothing, at some pont in time, the plaintiff will seek the entry of a default in order to legally terminate any interest you may legally have. Thus the plaintiff will obtain clear title.
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