QUESTION
I have a lien on my house that should have been closed when my mother passed away
Asked on Jan 24th, 2012 on Estate Planning - Wisconsin
More details to this question:
My mom added on to my house and lived with me for several years. She had a lien but on my house in the beginning in case she died I would have to give my bother half of it's worth. She decided after living with me for about 10 years to change her will. She made me sole executrix, I have one older brother. She was under the impression that this made the lien null and void when she died. I'm currently trying to refinance my home and can't because of the lien that should have been taken care of during the probate of the estate and wasn't. At this point I'm not sure where I stand legally.
4 ANSWERS
Business Attorney serving Orem, UT
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Kirton & McConkie A Professional Corporation
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My word, there are a lot of issues to address here. You may have things you can do, but it isn't clear from the scenario you've laid out what all your options are. I recommend you contact an experienced probate/estate planning attorney in your area as soon as possible to start examining and hopefully unwinding this.
Answered on Jul 25th, 2013 at 9:11 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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You may have to reopen the probate.
Answered on Jul 02nd, 2013 at 2:22 AM
Tax Attorney serving Portland, OR
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Bullivant Houser Bailey PC
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If her will (or other document) forgives the loan or makes you the beneficiary of the loan, then it goes away. Making you executrix gives you the responsibility for probating her estate, but does not let you change the result.
Answered on Feb 02nd, 2012 at 1:19 PM
The amount owed on the loan is an asset of your mother's estate. To remove a lien, you must pay the loan and get proof from the lienholder that the lien is satisfied. In this case, the lienholder is your mother's estate. Therefore, you will likely need to re-open your mother's estate with a special administration in order to resolve this matter. If your brother does not agree that the lien has been satisfied, you may be required to pay him his share of the loan amount before the judge will give you the authority to sign the satisfaction of lien as special administrator of your mother's estate. I would strongly recommend that you consult with an attorney regarding this matter.
Answered on Feb 02nd, 2012 at 1:18 PM