Legal Question in Wills and Trusts in Alabama
Mother passed away
My mother recently passed away from ovarian cancer. Upon her death she left two insurance policies. Of these two, one was contested based upon the fact that she allowed it to lapse previously. It was reinstated, but she was 5 months away from being outside of the 2 year contestable period. The other policy paid out, but after funeral costs only 7, 000 remained to one sole beneficiary. There is still 70, 000 owed on the home. She also had several medical bills left and a host of other debts. There was not a will.
The mortgage company has been allowing us to continue making payments until they receive the death certificate.
Recently a contractor came out and surveyed the land and estimated that the home needs 35-40K worth of work- in her poor health much went unattended and neglected.
Although it is an uphill battle, my mother wanted the home to stay in the family as one of her last wishes. Is it possible that the mortgage company could evict the family and/or demand payment in full? Also, what should be done about the contested policy?
1 Answer from Attorneys
Re: Mother passed away
First, you should have already hired an attorney to represent you in this matter. Letting an insurance company bully the family into taking less than they deserved is typical from the industry but certainly not acceptable. The mortgage company will evict you at some point unless you continue making payments and they could conceivably see the probate matter as a triggering event for the Due on Sale clause in your mortgage. I strongly advise you to hire a lawyer as soon as possible to protect your rights.
William G. Nolan
www.NolanElderLaw.com
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