Q: Mother died with a mortgage. No will. Heavy debt. I DO NOT want her house. M/C is suing me for mortgage. What do I do?
I am her only child, 39, with my own family. Mother was horrible with finances, and I want nothing to do with her estate.
Hearing in a few days, docket lists “MOTION FOR SUMMARY JUDGMENT, MOTION TO COMPEL MEDIATION AND DEPOSITION,” and I’m freaking out.
A:
You should hire an attorney to file an answer, a response to the motion for summary judgment, and a response to the motion to compel mediation and deposition.
If you are not a co-signor on her mortgage, the mortgage company is most likely suing you because you are your mother's sole heir at law and her estate has not been probated. You have certain defenses that you can raise as an heir that would limit any recovery to whatever non-exempt money and property (if any) you received that belonged to your mother at the time of her death. But if you do not raise those defenses properly in the lawsuit, the mortgage company could get a judgment against you individually. You do not want that to happen.
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