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socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 38567
Experience:  Retired (mostly)
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My husband died a year ago. He has a will, and I am the

Customer Question

My husband died a year ago. He has a will, and I am the Executor. He has a property that's under water, not paid for, and I was trying to get the Bank to do a short sale, in which they agreed. The title company wants me to go through probate to get my name on the mortgage. I'd rather the Bank just go on and do a foreclosure. After all the Bank had an offer on the property, but the Buyer cancelled. Life insurance, and any money has been settle. I do not want to go through probate. I do not have the money, or want to be responsible for any fee, please what's my option?
Submitted: 1 year ago.
Category: Estate Law
Customer: replied 1 year ago.
My email is***@******.***
Expert:  socrateaser replied 1 year ago.


If you don't petition for probate, then the property title would remain in your husband's name. The bank would have to petition for probate as an "interested party," which would cost the bank money. It would be more cost-effective for the bank to simply foreclose and take the property.

Based on your stated facts, and assumin that your name is ***** ***** title to the house (e.g., as "husband and wife"), then your best option may be to simply do nothing.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Expert:  socrateaser replied 1 year ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer -- otherwise I receive nothing for my efforts in your behalf.

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