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Property left to you in a Will

Profile picture for TracyLee Kinder
My father left me his house and 5 aches. I have been here with him for the last 5 years and he recently died in October 2010. He wanted the house to be given to me and the loan that he refinanced in 2007 to be paid in full with life insurance. My sister had an issue with me getting the house so it has been in probate. I have been making the payments for since my father died, but I took a medical family leave before he died and I have not returned to work, due to stress and depression brought on by all the harassment from my sister and just watching my father suffer. I want to know what I should do. I have been told by my sister who was assigned the personal representative and myself that I have to do a loan modification or I am going to be efficted by her. I don't want to put the house in my name or do anything until the will has been thur final probate, but in the meantime, she is telling me to leave and has turned off all my utilities and caused me alot of hardship. Please tell me as the finance company what your advice is for me at this point.
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September 03 2011 - Willcox

Replies (2)

Unfortunately, it sounds like the only person that should really offer advice to you at this point, is an Estate Planning A*t*t*o*r*n*e*y. You're going to likely need to consult someone other than the representative of your late father's Estate and determine if its worth persuing the house.
Your situation is complex and real estate agents, loan officers, etc. cannot give you legal advice. You may call the State Law Bar in your state and request the names of attorneys that practice Probate or Estate Law.
I'm sorry for your loss and hope all turns out well.
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September 04 2011
Profile picture for wetdawgs
I am so sorry to hear of your loss, as well as the challenges of moving forward.   No one here represents your finance company nor can anyone provide legal advice. 

Your wrote "my father left me the house and five acres with the loan to be paid with life insurance".  I'm assuming this is documented in a valid will and/or trust and not just verbal?   The life insurance policy should have received these instructions in writing.    If your sister is the executor/personal representative, then going through probate is the right thing to do to get the court agreeing to the terms of the will.

You may need to hire the services of an attorney for your position.   If these are only verbal agreements, then you may find your position is weak and you'll have to share with your sister.

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September 04 2011
 
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DiscussionProperty left to you in a Will
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