Legal Question in Wills and Trusts in Pennsylvania

I believe my mom was given a home loan for more than home value. then she died without a will. how to handle?


Asked on 1/20/12, 7:52 pm

2 Answers from Attorneys

Solomon Weinstein Solomon Weinstein, Esquire

This sounds depending on the actual facts like predatory lending. Have the administrator of her estate once appointed obtain an attorney who if warranted can institute legal action in the name of the Estate.

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Answered on 1/21/12, 7:35 am

There is not enough information provided. The personal representative of your mother's estate needs to see an attorney specializing in consumer predatory loans if this is your question. However, that is not at all apparent from your post. Many people get loans for more than the home is worth. Key details are missing - when was the loan taken out? What was the property value at the time? When did your mother die? Have you been appointed as the personal representative?

This is not the forum to be asking questions - whatever your problem is, someone needs to be the personal representative of the estate. If that is already done, then the personal representative needs to meet with a real estate attorney or one which focuses on predatory lending.

However, the beneficiary of the property inherits subject to the mortgage. If their is a predatory mortgage, maybe it can be reformed. Or does the person even want the property?

Does your mother have other debts?

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Answered on 1/22/12, 10:41 pm


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