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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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My mother passed away in 2008 with no will. there was a

Customer Question

my mother passed away in 2008 with no will. there was a mortgage on their property and I have 2 half sisters so we all own a share. My father passed away in October of this year. His will stated that I received everything at his death. what happens now?
Assistant: Thanks. Can you give me any more details about your issue?
Customer: I'm in NC. my mother passed away in 2008 without a will. their was a mortgage on their house but the loan was in mama's name and the deed that was done with the lender however my father and mother were both signed for the loan. When she passed the house went to the heirs which are my 2 half sisters, myself and my dad. my dad passed away in October of this year and his will basically left everything to me and it says that I have the right to sell anything he has in order to pay his debts. With the house being in the heirs name, my hands have been tied. my dad lived with me. and we took care of him and he passed away on 10/1/2016. Now I have this property, he has no estate to settle except this and their is more owed on it than will ever be gotten if we tried to sell because the house is not livable now. What happens in a case like this? what do I do?
Submitted: 1 month ago.
Category: Estate Law
Expert:  Barrister replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. 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.

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Did anyone ever file a probate case to settle mother's estate?

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Are you saying that father's debts exceed his assets?

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Is his house vacant now?

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Who is paying the mortgage on it?

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thanks

Barrister