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Richard, Attorney
Category: Estate Law
Satisfied Customers: 55294
Experience:  29 years of experience practicing law, including tax and estate planning.
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Can I file papers for probate, and executor of estate

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Can I file papers for probate, and executor of estate without an attorney?
If so, where do I get papers at?
My husbands mortgage company keeps calling on his mortgage, and I keep telling them that he has passed away. I have sent in the death certificate, and they have confirmed that they do have it, but the calls won't stop. I don't know who they think they are trying to collect from. What can I do to stop this? I have told them over and over again that I am meeting with an attorney to be declared his executor of estate, but the calls are every single day, and several times a day if I don't answer. What can I do? I am not on the loan. It is just his name as main party.

Good morning. The probate court is going to require that you have an attorney represent you to file this petition. It's not complicated and will not be expensive. But, before you do that...only do it if you are trying to save your home and work something out with the bank on the mortgage. If the home is upside down and you are planning on letting it go, you are not on the loan and you have no personal liability for the just tell them you have no liability, you are not paying the mortgage and they can foreclose if they choose.

I hope this has given you information that has been helpful to you. I wish you the best of luck!

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Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Customer: replied 5 years ago.
I am trying to stay in our home. I was assuming that his mortgage insurance would just pay the loan off and the home turned over to me and our son. Is this incorrect? He also has a few other properties that I need to have turned over to me, so would I need to go through probate for this?
If there is mortgage insurance, yes, it should pay the loan. Yes, you will need to go to the probate court to get appointed executor. Until then, you don't have the official legal authority to transfer ownership of these properties to you.
Customer: replied 5 years ago.
How long will this process take on average?

It will take you only a couple weeks to get a hearing and your appointment will be granted the same day. Then it might take a week for the documentation evidencing your appointment to get to you.

Richard and other Estate Law Specialists are ready to help you