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

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.

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Answered in 53 minutes by:
3/29/2018
Jessica B
Category: Estate Law
Satisfied Customers: 1,423
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

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 2 months ago
no. Foreclosure notice came today. Under $5000 is owed on it.

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 2 months 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.
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 2 months ago
How do I open a probate, and what do I need to do this?

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 2 months ago
This form asks if mom had medical assistance. She did. Will the state have a claim on her property?

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 2 months ago
will I need an attorney for probate?

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

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Customer reply replied 2 months ago
If I become personal representative for her estate, Can I be held responsible for any of her debts?

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

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Customer reply replied 2 months ago
Since we received by certified mail notice of foreclosure, how long do we have to vacate the house?

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 2 months ago
How do we find out the sale date?

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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Jessica B
Category: Estate Law
Satisfied Customers: 1,423
Experience: Attorney at Donald B. Linsky & Associates, PA
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