Legal Question in Wills and Trusts in Oklahoma

My mother passed away and her property is in probate. Before she died she co signed on a farm for my brother and put her house as collateral. We cant sell the house and split the assest between the 3 siblings until the bank releases the property. the original note would have paid off in 13 years and it then could be sold and split but my brother keeps refinancing and then could go on indefinantly. IS this legal to refinance with property as colateral when the owerner of that property is deceased and cant give permission to continue allowing the house to remain mortgaged?


Asked on 8/07/10, 6:52 am

1 Answer from Attorneys
Mitty Means Mohanty Means, P.C.

File for probate/adminsitration of the deceased estate. It should clear up this problem. He cannot refinance using this house since your mother is deceased.

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Answered on 8/12/10, 7:26 am


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