Legal Question in Wills and Trusts in New York

Foreclosure and Inheritance.

I am the executor of my mother's estate. My sister and I are the only beneficiaries. My sister is in foreclosure, but is not aware that I or the estate's attorney know this. In May 2008, she took out a balloon loan for $232,050 and went into foreclosure in August 2009. Her home at most is worth $150,000. My question is, if my mother's home were put into my name and my sister's, would the bank be able to apply a lein to the property. The estate is probated in NY, where I live, but the house in the estate is located in NJ, where my sister lives.


Asked on 8/28/10, 5:45 am

1 Answer from Attorneys
Carol Ryder Law Office of Carol Ryder PC

I cannot answer this fully but they may be able to lien against your sister's half and then demand a partition. However, your atty should know the full answer.

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Answered on 9/05/10, 10:32 am


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