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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 101730
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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My mother had a reverse mortgage on her home. I was her 24

Customer Question

My mother had a reverse mortgage on her home. I was her 24 hour care giver/ representative. We tried to put me on the reverse mortgage after I reached 60 years. when we tried we were told we had to pay $50,000. There was no way we could do this.
When I called the reverse mortgage co they told me I had 12 mo to vacate.
My mother passed 12.31.2015. I tried to take care of all the legal things, but the general poa we had and was told would be valid even after death was invalid. I have been trying to do the correct and honorable action. I am overwhelmed. I have a house filled with over 50 years of stuff.
How do I proceed:
Do nothing or
go thru probate court- she did not have a notarized will
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am very sorry for your loss.

I am not sure who told you that a Power of Attorney survives after death; it does not. Unless the Power of Attorney specifically includes that language that after death, the agent can continue to act in their stead, the power of attorney end when the decedent passes away. Even if such language is included, many third parties will refuse to work with the agent, regardless.

Someone in your situation wants to file for probate. 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 hands of the beneficiaries.

If there was a Will, the beneficiaries are decided per the Will. If there was no will, the beneficiaries are decided by default succession law of the state.

If her estate is worth less than about $65,000, then a small estate administration may be filed which is essentially probate via mail - quicker and easier. See HERE.

Good luck.

I hope this helps and clarifies. Please use the SEND or REPLY 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 TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. 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 with a positive rating.

Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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