Boston, MA asked in Probate, Foreclosure and Landlord - Tenant for Maine

Q: My mom and a house mate bought a house together. The housemate file chapter 7 of part of the house that she owns mom pas

Away and now I don’t know what to do. Nothing was in place no well, no nothing.

1 Lawyer Answer
Daniel J. Eccher
Daniel J. Eccher
  • Probate Lawyer
  • Winthrop, ME
  • Licensed in Maine

A: Your mother's half of the house is now part of her probate estate, so you (or another heir) need to open probate by filing an application with the local probate court to be appointed as "Personal Representative" (PR; formerly known as "Executor") of her estate. Then, you should be able to talk to the former housemate and lender (I'm assuming there was a mortgage). Unfortunately, if no one pays the mortgage, the house may be lost to foreclosure. If you open probate, you can at let least get notice of the foreclosure process.

It does not matter that your mother did not have a will. As an heir, you have the authority to ask the court to be appointed as PR.

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