Probate home with no equity in it? - AgingCare.com

Probate home with no equity in it?

Follow
Share

My mom and sis are on the deed and mortgage of the home they live in together. She wanted to deed the home over to my sister, but never go around to it. Mom is now in hospice. Sis POA. They owe lots more than the home is worth. Sis will have to go to foreclosure because mom had helped her with mortgage and bills when she was alive.

There are 2 other siblings and about $5,000 in checking account.

Mom has a will with percentages to children and $1,000 each to grandchildren.

Will we need to probate the will? (NJ)

Worried that the $5,000 will be needed for medical bills, etc. that come in after her death and won't go far.

Would appreciate your input. Very confused.
Thanks.

This question has been closed for answers. Ask a New Question.
3

Answers

Show:
This will be totally sticky no matter what path is taken.

Where is mom right now? On hospice but living with you? On hospice at the about to be foreclosed home with your sister? or in a NH? If its a NH, is mom on medicaid?

How soon for foreclosure to be completely done? Likely before mom dies?

Whatever the case, There won't be any $ for heirs.
Sadly I'd bet the whole 5k will be used to pay for legal to settle the foreclosure issues, other debts and do this within probate system. Most probate atty (in my experience as executor twice before & currently amidst probate on my mom) do NOT do litigation in their practice, they do estates with more straightforward assets & claims against situations with independent executors named, so the atty is a pretty straightforward agent within the probate system. I'd bet that you & Sissy likely need a probate guy who does litigation as there's all sorts of complications due to foreclosure, its taxation issues afterwards and this atty deals with dependent executor situations. It will be likely a 5k retainer for the atty alone.

I would caution you in all this NOT to make yourself liable for any of the costs (like for funeral, burial, atty, medical bills, court fees, etc) if you cannot afford to do so.
If you will personally have claims against moms estate, you should be getting those costs together now to present to atty. once mom dies and probate is opened to possibly get your claim paid within probate. If you currently are moms DPOA make sure you sign always & every time as "Jane Smith Jones in her capacity as DPOA for Anne Smith". Upon moms death, your DPOA ceases as does any responsibility on whatever you did as DPOA. Good luck as this is gong to be quite a convoluted, costly mess.
Helpful Answer (0)
Report

You probate the will to get letters for the executor that allows him/her to settle the estate. Bills are paid first so despite your mom's desire to leave an inheritance, that may not occur. In NJ, each county has a surrogates court to handle probate and estate issues. Most counties have in print or online a booklet that explains the entire process. Most offices are VERY helpful with the process.
Helpful Answer (1)
Report

My husband is dealing with his mothers estate which is similar to your situation. In Alabama we did need to go through probate. Check with an attorney in your state.
Helpful Answer (1)
Report

This question has been closed for answers. Ask a New Question.
Related
Questions