life estate with a mortgage: how could the attorney clear estate of deed?

This is a discussion on life estate with a mortgage: how could the attorney clear estate of deed? within the Wills, Trusts, Estates forum, part of the Other Family Law Matters category; my father had two wills. and mother and brother used the will with the life estate in it. the first ...

Consult Your Own Personal Lawyer Now!
Reply  POST NEW QUESTION

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Sep 18th, 2010, 10:52 PM   #1
Junior Member
Country:  
georgia peach's Flag is: United States
 

georgia peach's Avatar
 
Join Date: Sep 2010
Posts: 1

Default life estate with a mortgage: how could the attorney clear estate of deed?

my father had two wills. and mother and brother used the will with the life estate in it. the first will did not have a life estate in it. one will left everyone to mom, with me as extriax the second will gives mom a life estate in the property and then it goes to my brother for his life and then to the grandchildren. but mom and attorney place a mortgage on the property two days after attorney probates dad's will. my brother and mother wanted to use the will with the life estate because it shut me and my other brother out. the mortgage company was not told about the life estate. and then my brother and sister-in-law have a security deed for 80,000. from mom on this home. how can this be? i think my brother was laundering money and using estate for this purpose. how could the attorney clear estate of deed for life estate. lots of questions,sorry.
georgia peach is offline   Reply With Quote
Old Sep 18th, 2010, 11:04 PM   #2
Top Level Member
 
AFFA's Avatar
 
Join Date: Dec 2009
Posts: 12,915

Default re: life estate with a mortgage: how could the attorney clear estate of deed?

I wish to inform you that property with life estate may not be mortgaged. In this regard the person is having right to have estate for life only and therefore if life estate is mortgaged interest of bank cannot be determined. You may write a letter to bank and your brother and mother that mortgage on the property and you being executrix do not consent to it. If still none of the parties take action then you may start legal proceedings to remove mortgage.

AFF
AFFA is offline   Reply With Quote

Did you find this post helpful? Yes | No
Reply

Bookmark & Share

This thread has 1 reply and has been viewed 1227 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
Who files a deed fullfillement in an estate case? Unregistered Wills, Trusts, Estates 1 Aug 21st, 2010 12:11 AM
Life insurance as part of estate? zapgrab Wills, Trusts, Estates 2 Mar 13th, 2010 01:20 PM
life estate when life tenant abandons the property theeman Landlord vs Tenant Issues 2 Nov 7th, 2007 12:52 PM
life estate problem: my mother and stepfather are listed as life tenants theeman Other Real Estate Law Matters 1 Oct 23rd, 2007 06:41 PM
life estate: could the deed be conveyed without recognizing the letter of intent? berigan Wills, Trusts, Estates 1 Nov 9th, 2006 11:06 PM


International Law Issues?


All times are GMT -5. The time now is 12:32 PM.