Legal Question in Wills and Trusts in Texas
My father just died after a short battle with cancer. My mother dies 2.5 years ago. Their house still has a few years left on a 30 year mortgage. How long with the bank give us to fix up, clean out and get the house ready (it's pretty rundown) before it has to be sold. Can we request 6 months to do what needs to be done without having to pay the $800/month mortgage?
1 Answer from Attorneys
Dad's Estate has a duty to make the mortgage payments. The bank can only deal with the personal representative of the estate. You need to consult a lawyer to probate the will or administer the estate. Once this process is begun, there will be a personal representative of the estate to deal with the bank.
The personal representative has a duty to pay all of the creditors and then distribute the remaining assets to the heirs or if there is a will, to the devisees.
As a creditor, the bank has the right to begin administration proceedings.
Dealing with creditors during an estate administration is complex. You need an attorney to assist you.
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