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If a deceased person left a home with a debt to a beneficiary, regardless of married to them then or not, can or a will a mortgage company erase the debt? The surviving spouse wasn’t on the deed or mortgage. Only the deceased person.
If the surviving spouse gets the deed to the home put... View More 
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answered on Jan 27, 2024
The lender’s mortgage survives the death of the borrower. If not paid the lender may foreclose and take the house.
I am the executor of an estate. A beneficiary of a home (due to a person being deceased) has been granted status as successor of interest. The payments have been kept up via automatic payments under the deceased persons account. If with these circumstances, can the loan be called DUE NOW if he... View More
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answered on Jan 23, 2024
A home mortgage lender may NOT call a loan due on account of the death of the borrower if the lender has been informed that the property will be inherited by a relative. Your facts did not say whether or not this is case, but that fact is highly relevant. If a relative is the... View More
When dad died, stepmom made a verbal agreement and a verbal promise that, when she passed away, her stepdaughter would receive dad’s inheritance and her daughter would get hers. However, when she died, her daughter got everything. Stepdaughter was never told that stepmother had passed away.... View More
answered on Jan 22, 2024
No.
At best, stepdaughter might have a claim based upon promissory estoppel if she made some sort of out-of-pocket expenditure in reasonable reliance upon stepmom's verbal promise. Her measure of recovery would be limited to the out-of-pocket expense she incurred.
A will--even... View More
My wife passed in August 2023. She had one personal loan and two credit cards in her name only.
answered on Jan 5, 2024
This question opens other questions. The first people to call the survivors after someone dies are often credit cards servicers, who are actually the last priority for an estate administrator to pay. The highest priorities are court costs, taxes, funeral expenses, legal fees, and then secured... View More
MY NAME IS NOT ON ANY OF DEBT SHE CREATED. TWO OF THE DEBTS ARE CREDIT CARDS AND THE OTHER IS A PERSONAL LOAN. THE ONLY THING WE SHARED WAS A BANK ACCOUNT, HER NAME HAS BEE REMOVED, AND OTHER THING IS THE DEED TO OUR HOME WHICH HAS NO MORTGAGE.
I am the executor of my mothers estate. My father is the beneficiary of a home with a mortgage. He is working on assumption of the Loan but it has not happened. Initially as his power attorney, I was also communicating with the company on his behalf. For different reasons, I am considering having... View More
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answered on Dec 20, 2023
There is no need for your father to assume the loan. As the legal heir/beneficiary he can simply keep making the mortgage payments, and the lender is obligated under federal law to provide statements and other loan information to him. He is what is called a legal "successor in interest".
For mortgage assumption, who coordinates the closing and updating the deed when it is an assumption and not a “new loan.”
Is it the lender or does the buyer find their own closing attorney? This is for a mortgage on the home of a deceased person. The deceased was the only name on the... View More
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answered on Dec 13, 2023
The title (what you are calling the deed) is updated by the probate process. When approved by the court (usually), the executor signs a deed transferring title from the estate to the heir(s).
If this is a house, you should know that none of the heirs are obligated to assume the loan, but... View More
I have copy of settlement offer and my response draft and counter offer. Can someone review it and let me know if it’s adequate
answered on Dec 4, 2023
This is not legal advice as to this specific case you have submitted but information I believe is relevant to your question. That said, you should hire a lawyer to navigate all the possibilities before you. In general, these types of cases can involve many documents. A lawyer will need all... View More
Sister passed away I just need help I really need help he sold an option of our property he was the conservator of my grandmother at the time I spoke to him and tried to explain to him to sell the property or auction off the property he would not listen he told me I had nothing to do with it I was... View More
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answered on Nov 19, 2023
If your grandfather left a will that included you, your grandmother, and your sister as beneficiaries for property, it's important to understand the terms of that will and how it affects the property now. If your grandfather was the conservator of your grandmother, he would have had certain... View More
Hospice bill exceeds home value. My brother passed last month. Leaving me and sister. I did not keep close ties to anyone once I left for military service. I want nothing to do with property. How do I disclaim in writing? What facts do I state ? My Sister can have my share.
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answered on Jul 26, 2023
Hospice bills are not subject to estate recovery, but Medicaid bills are. Make sure you understand exactly which program was paying for her care.
answered on Jul 25, 2023
I'm sorry that you're having an issue. I'm not sure I understand the question that you're asking so I'm going to answer as I understand it. I think you're asking how long does an executor of a will have to settle an estate and can the executor stop the other... View More
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answered on Jul 9, 2023
Your statement of facts does not contain enough information to answer your question.
When you say you are "on" your parent's bank accounts, exactly what do you mean by "on"?
Are you a tenant in common? Joint tenant with right of survivorship? Attorney in... View More
My mom thinks that she has to do some weird legal workaround so that when we inherit her property we won't have to lose a ton of money on inheritance. I've researched as much as I can but she's not convinced. I've looked at AL and federal tax laws and can't find anything... View More
answered on Jul 4, 2023
Your mother may be worried about inheritance taxes, which are taxes on what you inherit. Fortunately, there are no federal inheritance taxes, and, just as well, there are no Alabama inheritance taxes. She will not pay taxes on what she inherits (unless, perhaps, she moves quickly to New Jersey,... View More
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answered on Jun 30, 2023
Under Alabama's Probate Code, claimants generally have six months from the date of the first publication of notice to creditors to file their claims against an estate.
Tuscaloosa Court House but she did not redeed it to him. There is only one sibling left and now she wants to sell the house, what can I do as the widow of the son. Does the house belong to me?
answered on Jul 4, 2023
This is a complex question. A stated intent is not enforceable. In probate and real estate law, written and notarized documents, i.e., deeds and wills, rule.
If the person whose name is on the deed as owner of the property died without a will, then the property is ruled by the laws of... View More
Unattached 50 acres were automatically deeded to my husband and his sister. He had a mortgage. The sister says she wants nothing to do with the house or land so my husband asked her to sign a quit claim deed so that the bank will let him redo the mortgage and pay it off. She says that it has to go... View More
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answered on May 1, 2023
Your statements do not make sense. However a possible solution is have an AL attorney search the title, and draft a Quit Claim Deed for the one or two tracts to be conveyed from the Sister to your Husband. Sister would not have any financial or legal obligations.
Step mother now pushing breach of contract also we are in bankruptcy.
answered on Mar 29, 2023
Step mother needs to be added as a creditor in bankruptcy to stop her from taking any action.
My husbands mom is in an Alabama nursing home and is up to her teeth in debt. Will we inherit that debt?
answered on Apr 5, 2023
Hello. Thank you for your question. No. Debts do not survive after the person who created the debt passes. Best wishes to you and your family.
want to leave my house to my daughter in alabama
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answered on Mar 20, 2023
You probably want an AL attorney to draft an enforceable Life Estate/Remainder Deed.
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