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My mother passed. No will. she has a mortgage on her home,

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My mother passed....

My mother passed. No will. she has a mortgage on her home, under $5000. I would like to do a transfer by affidavit for my daughter. The home was put in foreclosure. The value is under $50,000. My mother was on medicare and medicaid. What do I do.

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And has any paperwork been filed?

Wisconsin. No

Lawyer's Assistant: What documents or supporting evidence do you have?

Certified letter of foreclosure.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My sister and I are the only children. My mother has been divorced for many years. My mothers only sibling is deceased. My sister and I are both okay with my daughter taking over payments on the house and having it. She has been living there since my mom passed.

Submitted: 22 days ago.Category: Estate Law
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Answered in 53 minutes by:
3/29/2018
Estate Lawyer: jb156200, Attorney replied 22 days ago
jb156200
jb156200, Attorney
Category: Estate Law
Satisfied Customers: 883
Experience: I am a Probate Attorney practicing in Tampa, Florida.
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Hello. My name is ***** ***** I am a licensed probate attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you!

Has the mortgage been satisfied on the house?

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Customer reply replied 22 days ago
no. Foreclosure notice came today. Under $5000 is owed on it.
Estate Lawyer: jb156200, Attorney replied 22 days ago

In order to transfer the house the first step is the mortgage must be paid. Is there a plan to satisfy the mortgage?

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Customer reply replied 22 days ago
The company foreclosing said we can not pay off the balance. They had to assign a personal representative since we did not file in probate. They will not even speak to me about particulars. I do not know who the personal rep. is.
Estate Lawyer: jb156200, Attorney replied 22 days ago
Ok I see. A personal representative is an individual, appointed by the court, to administer the estate. Since the property was in her sole name it must go through probate. This is why the mortgage company won't speak with you. You so not have the legal authority to speak to them.
A probate must be opened, with a Personal Representative appointed, and then you can pay off the mortgage.
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Customer reply replied 18 days ago
How do I open a probate, and what do I need to do this?
Estate Lawyer: jb156200, Attorney replied 18 days ago

Ok, you will need a certified death certificate. You will need to complete the attached form and file it in the county where the decedent died.

https://www.wicourts.gov/formdisplay/PR-1901.pdf?formNumber=PR-1901&formType=Form&formatId=2&language=en

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Customer reply replied 18 days ago
This form asks if mom had medical assistance. She did. Will the state have a claim on her property?
Estate Lawyer: jb156200, Attorney replied 18 days ago

It depends if she was on Medicare or Medicaid? If she was on Medicaid they may file a claim against her estate.

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Customer reply replied 18 days ago
will I need an attorney for probate?
Estate Lawyer: jb156200, Attorney replied 18 days ago

No, but it is advisable because it can be complicated.

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Customer reply replied 18 days ago
If I become personal representative for her estate, Can I be held responsible for any of her debts?
Estate Lawyer: jb156200, Attorney replied 18 days ago

No! You will never be held individually responsible for her debts.

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Customer reply replied 18 days ago
Since we received by certified mail notice of foreclosure, how long do we have to vacate the house?
Estate Lawyer: jb156200, Attorney replied 18 days ago

Has the foreclosure sale taken place yet? If not, you have some time. Usually want to be out of the house by the foreclosure sale date.

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Customer reply replied 18 days ago
How do we find out the sale date?
Estate Lawyer: jb156200, Attorney replied 18 days ago

It is public information. You may call the clerk's office and they will tell you the date. Once you are the personal representative you must receive a copy of the notice.

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Estate Lawyer: jb156200, Attorney replied 18 days ago

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jb156200
jb156200, Attorney
Category: Estate Law
Satisfied Customers: 883
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Experience: I am a Probate Attorney practicing in Tampa, Florida.

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