Legal Question in Wills and Trusts in Maryland
My father passed without a will in Nov. I have filed probate with the state of Maryland. I have been appointed personal representative of my fathers estate. I have been taking care of my father until his last day on this earth. I have been handling my fathers affair since he became greatly ill for the pass two years.However, I am the youngest of his three children. I am 22 a college student. I live at my fathers estate. I am waiting on my papers to arrive from the rigester of wills. I have used all my college tuition money and funds to pay bills. I am now behind on my bills and my dads. What steps can i take to make sure the estate doesnt go into forcloser? That is the last thing I want to do. Yet, my older brothers arent making thing any easier when filing with probate. What can be done cause at this point i am having little hope in saving the family home thats been in our name for over 10+ year
1 Answer from Attorneys
I am sorry to hear of your father's passing.
At the outset it would be good to talk to an attorney who can help you sort through the process and what bills need to get paid. Generally you will not pay the deceased person's bills EXCEPT through the normal course of probate administration. The law has a certain order of priority for paying bills and most creditors need to be notified and file claims before they should get paid. An exception might be for a house or other asset that runs a risk of repossession / foreclosure.
Since the estate itself cannot go into foreclosure but perhaps you mean the real property your father owned? Generally the lender has the right to start foreclosure proceedings if the mortgage is not paid. Ordinarily the mortgage needs to be paid off when the property changes hands (either by the heirs getting a new mortgage or by sale to a third party) but in some cases a lender will allow the old mortgage to be assigned.
A skilled estate lawyer can help you sort through the probate process.
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