Thank you.Opening Probate
The first thing that someone in your situation wants to do is to probate his estate. Why? When someone passes away, then their estate has to be distributed. The problem is that without probate - with assets such as titled property or bank accounts (those that do not have a pay on death clause) - this is hard to do. This is because you cannot switch over the assets without an order from the probate court, and simply a Certificate of Death will not do. A Certificate of Death simply states that someone has passed on, but does not give you the right to really do anything in the deceased's name.
So one files probate. Once probate is filed, the Executor of the estate gets something called a Letter of Testament/Administration
(hereinafter "Letter"). This Letter will allow the Executor to switch over the assets from the deceased individual to whoever will own the property. It is like a "Power of Attorney," but from the Court. Without that Letter, there is no way to transfer titled property and switch the assets into the beneficiaries' names.
It is okay that the Executor is also the primary beneficiary.Elder Sister
Once the home is in one's name, she becomes a "tenant at sufferance
." A tenant at sufferance has few rights, but one of these rights is to be evicted. So in other words, one cannot simply physically kick her out of the home. She must be evicted like a tenant who has not paid rent. If after the quick eviction
hearing she still does not leave, then, one can get a Writ and have the authorities forcibly relocate her.
However, many tenants at will simply LEAVE once they are given notice that they will be evicted if they do not, since they have really no defense to an eviction.
So here, you may:
1) Give her notice to leave and if she does not;
2) Evict her as though you would a tenant; and
3) Have the authorities remove her by force if she still does not leave; and
4) Change the locks.
Again, the majority of tenants at will shall leave upon notice, or shortly after an eviction is filed.
How much notice is necessary is unclear, but 10 days is a good rule of thumb. It sounds like you already sent one certified letter, but this did not give an "end date." Another should, would serve as notice, and may give 10 days (or whatever is reasonable - 10 days is good). Of course, it may be longer - it is up to you.Reverse Mortgage
The problem is that once probate is filed, many lenders have an ACCELERATION CLAUSE which means that once the owner passes, the loan is accelerated and everything must be paid. In addition, even if there is no acceleration clause, the lender may be hesitant to move the property into your name - they never qualified you as an owner... only him. They may not want to refinance the property into your name.
The way to overcome that part is with the federal Garn–St. Germain Depository Institutions Act. See here
.. "When title is transferred by inheritance to a related owner-occupant. When a relative inherits and occupies a residence, the Garn-St. Germain Law bars the lender from enforcing the due-on-sale clause. However, some lenders will try to coerce the heir into paying an unnecessary mortgage assumption fee."
I hope this helps and clarifies. Gentle Reminder: Use the SEND
button to keep chatting, or please rate
when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars
and then SUBMIT
, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct
. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.