How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33762
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
19958803
Type Your Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

The executor of my mother's estate (brother) has informed

Customer Question

The executor of my mother's estate (brother) has informed the mortgage company that my deceased father is the executor. The bank has filed suit to foreclose on my father. What should I do?
Submitted: 8 months ago.
Category: Estate Law
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

I am not sure that you can do much here because they will find out fairly quickly that father is not the executor and that he is deceased. They will then just file any foreclosure action against the estate and name brother as the representative of the estate.

.

If the house loan has gone into default, then the lender can legally foreclose on the property by filing foreclosure actions against both father's and mother's estates. That doesn't make the heirs liable for the debts of parent's though as only their estates can be held liable for any debts they incurred while living..

.

.

thanks

Barrister

Customer: replied 8 months ago.
Whaaaat? Your answer does not reference fraud or the probabability that the executor should be removed (and prosecuted). By the way, the bank filed the foreclosure in October of 2015 and has stalled because of the difficulty with serving my father. So much for finding out quickly.
Expert:  Barrister replied 8 months ago.

If father is deceased, then the bank will have to file a foreclosure action against both mother's estate and father's estate if it was never settled. So if no one ever filed a probate case to settle father's estate, then the bank would be filing against him personally until they become aware he is deceased.

.

And as for fraud...there is nothing to be gained by brother in telling the bank this. It just throws them off for a while. It is stupid...yes. But fraudulent, no. The bank has to do its own due diligence to find out who it should be going after. The executor doesn't have a duty to make their job easier to sue the estate..

.

What do you think the executor has done that violates any criminal laws here?

.

How has he benefitted personally from lying to the bank and making their job tougher to foreclose?

.

Are you saying you think he should help them foreclose on parent's property?

.

.

thanks

Barrister

Related Estate Law Questions