Legal Question in Real Estate Law in Massachusetts

What are my choices

My mom died on the day, I her DPOA was to be sign her

bankruptcy papers were to signed and filed. She has a

house in which there is perhaps 40K in equity if it sells

in todays market. The big problem is that she is not named on the mortgage but on the deed. Her deceased husband left it to her in his will. She had over 130k in other debt has no

money and was receiving 900 /month for Social security. I

am named executor in her will of her estate. Am I required

to sell her house? If I keep it can I file bankruptcy

for ''the estate'' and sell the house later? What would my

best options be am I required to probate this? Since this is not her oligation (debt) is it really an assett. I just paid up 3800 to get the mortgage caught up so she could file bankruptcy and pass the house on. The credit counseling was completed on Friday and I was to sign the papers the next morning at nine she died at eight. I would like to assume the mortgage if I can since it is not in her name do I really have to sell it?


Asked on 11/03/08, 8:18 am

2 Answers from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: What are my choices

I am so sorry about the loss of your mother.

It is not clear where your mother resided at the time of her death, but you should contact an attorney in that area.

Probate will need to be filed in the county where she resided at the time of her death.

Please feel free to contact me if you would like help in locating an attorney, or if I can be of some other assistance.

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Answered on 11/03/08, 5:08 pm
Warren Wood Law Offices of Warren Wood

Re: What are my choices

I regret your loss. It is not easy to properly sort out our loved one's affairs at times of need.

You did not provide enough detail in your question for proper legal analysis. In addition, you will indeed benefit from knowlegeble, empathectic legal assistance.

Please feel free to contact use to assist you in sorting this matter out, and making wise choices.

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Answered on 11/04/08, 4:30 am


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