Oldest is taking advantage of situation it's bad, oldest brother was given 2,000 dollars wasted it, did not pay mortgage and we are losing our house. I'm the one who lives with him and talks to him. I knew all his wants and it hurts me I can't keep my promise of paying the mortgage. Sisters fighting for the house when she don't even carry my dad's last name, she got married. My mother in the middle doesn't even know what to do. I feel we are all hurting her more and I dont want her to get sick from all this. What can I do? I know I could pay the mortgage but they don't want to give me a chance. He owns a house in Mexico that his brother thinks is his. He always told me not to let his brother keep that house. My Mother can't even get his retirement money until she's 60. We've got two more years and I'm afraid we'll lose the house.

IF mom is legally married to dad then she is next of kin in probate's eyes. It is not for the children yet
Helpful Answer (2)
Reply to MACinCT

To me the first important issue is how the mortgage reads.
- if the mortgage holder was your dad and your dad only, then however the mortgage documents read are critical. If it’s set up to be due in full within 90 days of his death, then that’s the terms and if you, your mom or other heirs cannot pay balance in full then mortgage holder forecloses on House. You have no recourse.

- If mortgage holders are both your parents, then as long as the mortgage is paid, mortgage co will be happy. They don’t care who pays it, you, your mom or Santa. Just as long as it’s paid. Then once it’s paid off, it’s hers and however her will reads determines who her assets go to. She needs to do a will.

Really clearly find out about mortgage terms and then let that determine what needs to happen next is my suggestion.

That property in Mexico is probably of no effect in your families US dramarama unless it has lending on it - so it was used for securitization- held by a US bank. Plus I’d bet it’s going to likely be titled as a sociedad anonima so needs Mexican atty to do any filing onto plus whatever standard mordidas paid. If others are part of the SA I’ll bet a case of Herradura Anejo that that land is done as undivided interest for ownership and good luck on getting through that.
Helpful Answer (0)
Reply to igloo572

Even though your family seems to be at war with each other, what this boils down to are legal issues. I agree with TNTechie, and not to sound harsh, but your dad not having a will shows not real good planning on his part. Even if his kids were angels and got along like peaches and cream, dying intestate or without a will just isn’t smart.

Since you are the the one who posted, I’d suggest you need to sign on with an attorney to figure out what goes where and to whom. The attorney will be familiar with laws in your state and can help you untangle this mess.
Helpful Answer (0)
Reply to Ahmijoy

So Dad has died and Mom and you are still living in Mom and Dad's home? You have sisters that want the house? I don't understand your comment about sister being married since being married doesn't make her any less her father's daughter. At least in the USA, she has all the same rights and privileges to be her father's heir as though she were still single.

Depending on what state the house is in, how the deed was made (I assuming only Dad's name was on the deed), and how long your parents were married then there may not be any inheritance for his children - everything could belong completely to his widow.

Could you please explain "I know I could pay the mortgage but they don't want to give me a chance."? I don't think banks or finance companies turn down payments from anyone. If you want to pay the mortgage for 2 years until your mother can begin receiving retirement benefits, then you can do so. You might want to get a written agreement with Mom that when the house is sold sometime in the future, you will be reimbursed for the payments plus some small compounding interest. Or you could just count the money as helping Mom and/or your contribution to the household in which you are living.

It's not your fault if you cannot distribute your father's assets as he wished. If your father really wanted things to go a certain way, he could have written a will to make it so. Maybe the house in Mexico could be sold to pay Mom's mortgage or pay off Mom's house?
Helpful Answer (1)
Reply to TNtechie

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