Q: Possible homestead claim void to dishonest actions of estate administrator and conflict of interest
Father in law was named dependent administrator of my late wife's estate and is also named on deed as tenant in common along with his wife and my late wife also. My name not on deed. Bank would not accept my money for mortgage payment since I was not on deed. Requested father in law to take money for payment from me and make payments on mortgage. He refused my repeated attempts to give him money and pay mortgage. Instead placed mortgage in pandemic forbearance in 2020, then into normal forbearance afterwards without my knowledge or informing court. Received notice that forbearance period is over and that past due of $35,000 is now due in full and went to foreclosure. Dependent administrator and his spouse stand to collect close to $100,000 from sale proceeds of house that wife and I paid mortgage on since 2005. He appears to intentionally have done this to validate request for court to order sale of home. My homestead claim will be void through his actions to benefit himself. options?
A:
Your best move was to sue him on your homestead claim or intervene in the Estate proceedings.
You still have some legal options, including a lawsuit against your father in law for his malfeasance and failure to manage the estate assets and save the property from fc or waste.
You need to move fast. Get an experienced lawyer ASAP.
Good Luck!
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