quack
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Joined: Jan 4, 2011 15:50:48 GMT -5
Posts: 47
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Post by quack on Oct 1, 2023 19:15:50 GMT -5
My sister died last year, i know she had a will and am still trying to find out if it has been filed in surrogate court. The mortgage company contacted my nephew because the house is in foreclosure. supposedly she left her share of the house to him and my niece. Her husband got a $60,000 back pay for her pension and continues to get approximately $3000 per month. He has not paid any bills since she died, and there is no sign of the lump sum in her/his accounts (nephew has log in, but no authority). Mortgage is less than $50,000. Is there a legal way to force the husband to pay his bills?TBH, he’s useless and probably spent the money on drugs. Sorry this is long, any help will be appreciated. This is in New York
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toomuchreality
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Joined: Sept 3, 2011 10:28:25 GMT -5
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Favorite Drink: Sometimes I drink water... just to surprise my liver!
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Post by toomuchreality on Oct 1, 2023 19:41:57 GMT -5
Ugh. Not that I know of. But I could be wrong. I would call an attorney's office and ask. Sorry about your sister. Good luck.
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laterbloomer
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Post by laterbloomer on Oct 1, 2023 19:47:04 GMT -5
What is the house worth? Is it worth having the kids catch the mortgage up then sell it and take their share?
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quack
New Member
Joined: Jan 4, 2011 15:50:48 GMT -5
Posts: 47
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Post by quack on Oct 1, 2023 20:02:47 GMT -5
the house is worth 250-300,000, so yes. unfortunately the niece is as unreliable as her father, so this is all on my nephew. He has contacted a lawyer, we all live in a really small town, so i guess i’m hoping someone with more experience can offer some suggestions. thanks
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raeoflyte
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Post by raeoflyte on Oct 2, 2023 7:22:47 GMT -5
I'm sorry about your sister.
If he was legally required to pay something and didn't, then I think your recourse would be to take him to court and get a judgment.
But if he already spent what money he got and if the kids got the house, does dad have any property?
If the house was left to the kids, that doesn't mean unencumbered. If they want to keep the house, they'll need to pay the mortgage or sell it and take the proceeds. That might be best if they aren't on the same page anyway.
Eta that I reread that dad still owns his portion of the house. But a judgment against a house that he's already letting go to foreclosure isn't likely to get you anywhere.
If nephew can talk to mortgage people and find out how much will keep it out of foreclosure and how much time he has, then he can talk to real estate agents, etc and talk to dad about buying him out. Maybe that would get him moving and/paying his share at least until he gets his next payout.
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giramomma
Distinguished Associate
Joined: Feb 3, 2011 11:25:27 GMT -5
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Post by giramomma on Oct 2, 2023 7:28:05 GMT -5
I'm sorry about your situation. swamp may have some suggestions on where to start.
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billisonboard
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Post by billisonboard on Oct 2, 2023 8:24:34 GMT -5
Highest value of house, minus what is owed, split with dad, split with sister, leaves:
$300,000-$50,000=$250,000÷2=$125,000÷2=$62,000-all the costs of getting it. Is it worth it financially and emotionally?
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quack
New Member
Joined: Jan 4, 2011 15:50:48 GMT -5
Posts: 47
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Post by quack on Oct 4, 2023 20:21:30 GMT -5
thank you everyone, especially bill. tbh 6200$. would be a game changer for my nephew. no will has been filed yet, idk how the mortgage people got my nephew’s name or contact info. in nys you can file for a limited guardianship to manage the money. guess it will be up to his attorney now. again, thanks
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