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SUSAN R | My mom passed away in NY,no mortgage,no will. How do i get the house in my name? |
SHE HAD BALANCES ON CREDIT CARDS AND THEY ARE STATING THEY ARE GOING TO PUT A LIEN ON THE HOUSE. WHAT CAN I DO PLEASE??????? |
 |
 
CassandraM
 |
You will have to contact an attorney. I don't think credit cards can put a lien on the house - those are unsecured debts, and as such, I don't believe they can follow through on those threats.
(When my sister in law passed away, she had substantial credit card debt with a history of bankruptcy....her creditors tried to intimidate us into paying those bills, but we knew our rights and the lack of theirs....those debts had to be written off because legally the creditors had no leg to stand on.)
If there is no will, your attorney will have to file with the city to obtain letters of testimentary naming you as the administrator of her estate. As such, you will be free to properly manage or dispose of the assets and debts as you need to. But be careful here - make sure that you are not signing on to be personally responsible for those credit cards! It's one thing to sell her house and then use those funds to pay these debts, and it would be another to become personally responsible for those debts whether the house sells or not. You don't want your personal credit ruined....just make sure the attorney is very clear with you on any liabilities you could incur.
Usually the attorneys fees and secured debts (like mortgages or equity lines of credit) are settled when the house is sold. From the date you file for your letter of testimentary, there will be a public declaration in the newspaper inviting all creditors or anyone who has a claim in her estate to notify the attorney. After a certain date (usually 4 to 6 months later) the property is cleared for you.
If you sell the house during this 4 to 6 month waiting period, whatever monies remain to you will go into an escrow account and be held there until all potential claims and liens have been filed. After that the money and/or property is solely yours.
At least, that's how it works in TN. But again, you will need to have an attorney to put any of this into motion, so be sure to contact someone as soon as possible to protect your own interests here. |
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src50
 |
Her estate has to be probated according to NY state law. You will need a NY estate attorney to assist you. In general, her estate must pay any debts prior to settlement; in some case, assets like real estate must be sold to do this. |
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blcohen529
 |
In N.Y. you will have to complete a probate to legally transfer the property to you. AN EXCEPTION EXISTS IF THE PROPERTY VALUE FOR THE ENTIRE ESTATE DOES NOT REACH A MINIMUM AMOUNT in which case there are provisions for an approval without a probate order.
Credit balances are interesting. Ask the creditors how they intend to serve a dead individual. They must file suit before they obtain judgments. If you obtain any lawsuits you need to inform the Court that your Mom passed away.
You may wish to settle for 25% on the dollar with the credit card companies based upon your representations that your Mom has no money. However, in fact, part of her credit did stem from her home ownership and fairness would dictate that she should be "just" before she is "generous". That is an old legal maxim that basically says you should not be entitled to the house before you pay off the debts....
Both you and the creditors face complications in completing your own desires. Be willing to compromise!
If you should hire an attorney in NY state, determine the property value of the house....the typical statutory fees for probate on a property of that specific value...and offer 50% to 70% of the ordinary and customary probate fees for legal payment in full. Get your agreement in writing. If you have any brothers/sisters or half-brothers/sisters or step brothers/sisters make certain all are agreed in writing for every step you take or you will be selling the house for everyone's legal fees and costs.
Good Luck.... |
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Big Deal Maker
|
First of all....Her creditors can not place a lien on the property. They must sue your mothers estate in order to obtain permision to lien the property. That is number one so calm down.
I`m so sorry for your loss. I had gone through the same orderal.
How dare the creditors to make threats to you like that. Document all of those creditors threats so you can turn them over to an Attorney.
The home will now need to go through probate court. It is a very long process. (about 18 months)
You can not touch a thing at this time. However you can have your attorney ask the courts if you can stay in the home while it is in probate in order to keep the gas and electric up and to keep care of the home while it is in the courts. Best of luck and again so sorry about your loss. |
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Dawni Do Right
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Part of the probate process is "Notice to Creditors". Anyone that claims to be owed money has a time period to step forth. A probate attorney can explain the procedure and time lines to you, if you are the personal representative for her estate.
Hopefully, there will be sufficient assets other than the home & you won't have to sell it to satisfy the estate's debt. (Vehicles, furniture, jewelry, stocks, bonds, etc.) It will depend on the amount of the estate debt and all the assets. |
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Sugar
|
You are going to need legal help. A good lawyer. |
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A W
 |
You need to retain a probate attorney. Unfortunately, the house is going to have to be sold to pay for her debts. You can then turn around and buy the house from the estate.
Sorry to hear about your mom. I lost my mom about 11 years ago and my dad 5 years later. |
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aylatroy
|
Contact a family attorney who handles estate planning. Most of the time all it takes for the creditor's to be stopped is the official death certificate. You are not responsible for her debts, to get the house into your name is also something the attorney can help you with. Ask friends or family members if they know of an attorney you could talk to or get referals from.
Good Luck! |
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sage
|
I am sorry to hear of your loss.
I believe in the case of credit cards, the debt dies with the signatory and cannot be attached to the estate. Credit cards are UNSECURED debts.
This must be a distressing time for you, but remember the cards were in your late mothers name and as a 'revolving credit agreement' their massive insurance would have to kick in.
Please discuss this with a trusted friend and ask them to help you find a RECOMENDED local legal advisor. |
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