Indianapolis, IN asked in Estate Planning, Real Estate Law and Probate for Indiana

Q: Do I still make the mortgage payment of some who died and was the sole owner of the property or does it go to the estate

I had a verbal agreement with the sole owner of the home who died to finance the home in my name. His wife who can't legally sell the home has been taking my money but it hasn't been going to the mortgage nor the estate what do I do? She has lied about so much when it comes to the probate and i don't know what to do.

1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Crossville, TN

A: Oh, what a tangled web you have woven. This is a classic do-it-yourself mistake, and it will be difficult and expensive to fix. You need to hire an attorney WITHOUT DELAY. Look for an attorney with experience in both real estate litigation and probate litigation. Be prepared to expand your search beyond your immediate area to find the right one.

It is impossible to explain all that would be involved in fixing this situation for you in a free ask-a-lawyer forum. Be prepared for a lot of bad news about all of the mistakes you made by not hiring an attorney in the first instance, when you were entering into the agreement to purchase the home.

To anybody reading this who is not the person who posed this question: DO NOT LET THIS HAPPEN TO YOU. Anytime you are engaging in a transaction involving real estate, whether as a seller or a buyer or a lender or a borrower, HIRE AN ATTORNEY TO ENSURE IT IS DONE CORRECTLY. This is for YOUR protection. This guy might easily end up losing the house and his entire investment unless he throws a ton of money at it, and it might not be worth it. A stitch in time saves nine. The stitch in time would have been hiring an attorney when he was entering into the installment contract to purchase the house.

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.