Posted by Sylvia R. Smith on July 12, 2004 at 20:36:40:
John,
Thanks for the reply. Can I pick your brain a little more? What exactly happens to the house now that it is in probate. Who will be able to sell the house, the son (now owns but doesn’t want) the attorney doing the probate, or the mortgage company holding the mortgage?
Thanks for anything you can tell me. I just want to know if I have to wait until probate is over or can I contact the one who will eventually handle the sale.
Probate question - Posted by Sylvia
Posted by Sylvia on July 06, 2004 at 18:42:06:
I am looking at a house that belonged to any elderly man whose son had power of attorney. The gentleman has recently died (June) and I understand that power of attorney ceases at death. I have been told by the grandson (haven’t talked with the son yet) that the house was turned back to the mortgage company.
If the house was Willed to the son(don’t know if it has or hasn’t till I talk with the son) does he have the right to sell the house or does it still have to go thru Probate?
How long does Probate take and is there anyway contacting the mortgage company would make a difference? or will the house just eventually turn up as a forclosure after it goes thru Probate?
Sorry for so many guestions
Thanks for any help you can give me
Sylvia
Re: Probate question - Posted by John Merchant
Posted by John Merchant on July 07, 2004 at 10:23:25:
Yes, if he died w legal Will, his estate, if it consists of anything significant, would have to be probated before son would have the right to do anything with any RE.
A probate, depending on State & the internal complications, can take anywhere from 6 months to years…Howard Hughes’ is still open.
But you’re putting the cart way before the horse…ask a title co. who owns the RE now, and you’ll quickly learn who owns it.