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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 38203
Experience:  17 yrs estate law, real estate. Wills/Trusts/Probate
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I'm executor of my mother's small estate, it is now closed..

Customer Question

I'm executor of my mother's small estate, it is now closed.. Back in 2006 my two older brother's took my mom to an attorney's office with her understanding that they were going to put all 6 siblings on her deed, instead they put their names on the deed and gave my parents survivorship as joint tenants until they passed away.. My mom has a mortgage in her name and my one brother and his wife are living in the house.. Neither one of my brothers made a mortgage payment on the house since my mom passed in February.. The house is now in foreclosure and my brother is trying to tell me to go to the orphans court and sign off from the mortgage so I can't talk to the bank.. I won't do that because they took my mom and dad's house but not the mortgage.. How can I make them go and refinance the house and get the mortgage out of my mother's name? We live in Maryland
JA: Does this involve a written or oral agreement? Is it a month-to-month lease or fixed term?
Customer: Mom's mortgage is a variable I believe because she told me before she passed that they were going to raise her payment.. That's how my mother found out after 10 years her name wasn't on the deed and she was trying to borrow money to refinance it through harp.. That's why you mom nly left my two brothers one dollar, she had me change her will , made me beneficiary of her insurance oily, with spent all most all of it on my mom's funeral..
JA: Anything else you want the lawyer to know before I connect you?
Customer: My mom's small estate has to be reopened I guess because I have several pending law suits going.. What do I do as far as my brother telling me the bank wants me to go to the orphans court.. Who are they to tell me what I have to do.. It's my mother's bill if they want the bill for the mortgage to go to their house, I suggest they go refinance it.. My brother is allowed to find out from the bank what's owed
Submitted: 2 months ago.
Category: Estate Law
Expert:  Barrister replied 2 months 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 type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

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You said you are the executor of mother's estate and it is now closed... So if no one is paying the mortgage on the house that is still in mom's name, then the bank will foreclose on the house and will force a sale of it and throw brother and his wife out with an eviction action.

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So you don't have to do anything here and if they don't want to pay off the mortgage or get a loan to pay it off, they will just lose the house and have to find somewhere else to live.

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thanks

Barrister