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Mother passed away, had nothing but a trailer(mobile home)

with a outstanding balance on...
Mother passed away, had nothing but a trailer(mobile home) with a outstanding balance on owed on it. The trailer is on a rented lot. All surviving kids decided to not to take ownership. Can the mortgage company force any of the children to pay the outstanding debt?
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Answered in 3 minutes by:
7/5/2013
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 43,512
Experience: Texas lawyer for 30 years in Estate law
Verified

Thanks for your question and good afternoon.My sympathy for the loss of your loved one.

Here unless anybody else cosigned the note none have personal liability.It sounds like you have done all you are obligated to do notify them of her death and send a copy of the death certificate.The lender can repossess the trailer and that's all.Any other creditors here including the landlord are without any remedy.

No one but the deceased or her estate had any liability to the creditors.Since the estate is insolvent all they can do is take the trailer back.That would be the end of it as far as you guys are concerned , you would have no personal liability here under NC law.

It has been my pleasure to assist you today.Please let me know if you have more follow up.Thanks again.


 

 

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Customer reply replied 4 years ago

One thing of concern, is that mother was a retired state employee and there is a death benefit that would normally go to the spouse, but parents were divorced at time of death, if a child files for an affidavit to claim said benefit would that then make them liable, to her estate debts?

Can you tell me what the affidavit states ???Ar we talking a small estate affidavit??

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You would normally not have personal liability here for her debts.The retirement benefits if they pass to a named beneficiary here and that is related to that then they pass outside of probate and out of reach of creditors.Please let me know if you have more here.
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Customer reply replied 4 years ago

ray thank you for the quick answer, just one clarification. Does the affidavitt mean the same thing as executor of estate?

Well there is such a thing a a small estate affidavit used to obtain assets,say from a bank for larger estates you file regular probate and an executor is appointed and creditors can file claims..Both are probate related.

Here as long as what they need signed doesn't mislead --say stating there are no creditors you will be fine.It could be they are merely wanting an affidavit of heirship which states that you guys are heirs in that case you will be fine.

Just read what you are signing to make sure you are stating facts and you would be fine.You would have no personal liability.All they can do here is repossess the trailer.If you get any other creditors writing you can send them the same kind of letter.She was insolvent that is the botXXXXX XXXXXne.

I do hope you can get her benefits.I appreciate the chance to help .Have a great weekend.
RayAnswers
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Here is reference to a small estate used to gather funds from a bank account or other small assets..

http://www.aoc.state.nc.us/district12/Divisions/SmallEstateAdministration.htm

Affidavit of Heirship merely sets out who the heirs are so that retirement system or other say oil company can pay royalties to the right parties..I am assuming that this is what they are asking for as far as retirement and it passes directly to you guys outside of probate.

http://www.heirship.com/2009/10/north-carolina-affidavit-of-heirship.html

 

I appreciate the chance to assist you today.Please let me know if you have more follow up.Thanks again.

 

I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.

 

 

 

 

 

This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

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Thanks for your recent estate law question .If you have more in the future please post them for Ray. Thanks again.
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