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My underage niece is the beneficiary of a Last Will and

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Testament and sister is the...
My underage niece is the beneficiary of a Last Will and Testament and sister is the executor. The deceased date of death was the second week in September. He was behind on several debts some of which I have paid. The mortgage is schedule to foreclose as of December 1st, 2017. I have funds to prevent the foreclosure however there is very little equity in the property. My niece and sister want me to take possession of the property to prevent foreclosure and the total loss of it. No documents have yet been filed in the courts. Is there a legal way for me to do this and pay my niece the sum of money she would have received from a market value sale either pre-probate or post-probate? Second question can I pay the past due mortgage payments and then rent the property to recapture some of my cash contributions while the property goes through probate? The property is located in Mecklenburg County, Charlotte, North Carolina. The property is 3 months past due of $3,300 in mortgage payments, $2,000 in property taxes, $300 in Home Owner Association dues, and all utilities. We can probably rent it for $1,400 per month while going through probate. The mortgage is $170,000 and the property value is $190,000.
Submitted: 5 months ago.Category: Estate Law
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Answered in 2 hours by:
11/14/2017
Estate Lawyer: Michael Bradley,
 replied 5 months ago
Michael Bradley
Category: Estate Law
Satisfied Customers: 1,377
Experience: Owner at The Protection Group LLC
Verified

probate needs to be initiated before anything can be done with the property

the question will be whether the estate will be funded after all of the debt it paid

I agree that the sale of real estate will not yield much after it is sold after all of the fees

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