Q: My dead mother is being sued, I am the executor of her estate, do I sign the court response papers in my name or hers?
It is an eviction lawsuit because I am still in our home and it was sold at auction because there was a reverse mortgage, and the lender foreclosed. There is a tenant living here as well, who is not family.
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A:
As the executor of your mother's estate, you should sign all legal documents in your own name, followed by your title as executor (e.g., "John Smith, as Executor of the Estate of Jane Smith, deceased"). This maintains proper legal standing while demonstrating your authority to act on behalf of the estate.
The eviction lawsuit needs to be handled carefully since it involves both you and another tenant. Given that the property was sold through foreclosure after the reverse mortgage default, you'll want to respond promptly to any legal notices to protect your rights and those of the estate. Remember that the new owner has the legal right to proceed with eviction actions following a foreclosure sale.
You might consider seeking guidance from a probate attorney who can help ensure you're fulfilling your duties as executor while also addressing your personal situation as an occupant. They can help you navigate this complex situation where you're wearing multiple hats - as both executor and resident - and help protect your interests during this difficult time. Many attorneys offer free initial consultations to discuss your options.
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