Legal Question in Wills and Trusts in New York
My father passed away leaving behind on a mortgaged home. The property is in poor condition and is currently in foreclosure. The amount gained by selling the house is not enough to cover the estate's debts or the amount on the mortgage. My father did leave me a life insurance policy. I lived in the house for a year and a half following my father's death however because the boiler in the house is broken left when winter came. I continued paying utilities up until I abandoned the premises from my own bank account however they remained in my father's name. I did not wish to turn off the utilities for fear it would expedite the foreclosure process and also so that the hot water heater in the home would not burst (that is functional while the boiler is not). The house endured mold growth from flooding over the years due to cracked foundation, and this winter a pipe burst causing more mold growth. I was appointed the administrator of the estate through probate (there was no will) and was told that I would not be responsible for the mortgage as administrator. However I am constantly worrying about it. Following foreclosure can the bank sue me for negligence in the property's upkeep, to make up any of the mortgage sum in foreclosure, or for any debts in my father's name, whether they relate to utilities or not? I know this has no bearing on legal matters but I am not well mentally and everything has been a tremendous burden since my father's death.
2 Answers from Attorneys
Relax, you are not responsible, the estate , if any, is. Ask if they will take a deed in lieu of foreclosure from you and waive any rights to a deficiency judgment.
When you applied to become administrator of your father's estate you accepted the legal responsibilities which go along with that function, which included settling your father's affairs in an orderly and timely fashion. Since you are unable or unwilling to do this, you need to ask for permission to be relieved of your status as fiduciary of your father's estate, and ask that the Public Administrator take over. Go down to the Surrogate's Court and ask how you go about getting this done asap. Although you would typically not be personally responsible for any debts or expenses of the estate, the fact is that by not acting prudently in this manner you are costing the mortgagee additional costs month after month, and now the house is worth much less then when you were appointed as administrator because of your failure to act, and you lived there rent free for a year and a half. I think it's unlikely you can get all of this done without the help of a lawyer, most especially when dealing with the lender.
Good luck.
Richard Bryan
New York, NY
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