QUESTION
Who can I hold liable after my father passed away in December, I went by his house in February and items are missing?
Asked on Feb 02nd, 2014 on Estate Planning - Michigan
More details to this question:
I paid his mortgage late in January and the company took the payment. I see they hired a company to secure the home and items are missing.
10 ANSWERS
3 Awards
Sounds like the estate may have a claim against the homeowners insurance. Without more facts it is hard to say.
Answered on Feb 06th, 2014 at 12:44 PM
2 Awards
Get an Attorney! What you are saying doesn't make sense - a mortgage company has no right to hire someone to secure the home, that is the family's job.
Answered on Feb 06th, 2014 at 12:30 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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How do you know that the mortgage company hired someone who took items? If so, the mortgage company had no right to do that without a court order. Is the house in foreclosure?
Answered on Feb 06th, 2014 at 12:07 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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Assets owned by your father at his death would be part of his estate, including the personal property in the home. The mortgage would follow the distribution of the property to an heir or legatee and would remain a valid lien after the distribution. The mortgage remains a valid lien on the property and would have to be paid by the estate. A sale of the property by the estate must pay off the mortgage. The representative of the estate should take action to preserve and protect the assets. For the mortgage company to take control of the property so quickly they must have started a mortgage foreclosure suit against your father some time ago. Before you can take any action against the mortgage company you must determine the nature of their claim for possession and the sort of notices they sent to your father and the home prior to taking possession.
Answered on Feb 04th, 2014 at 10:23 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You will have to prove who took the items. Can you? If not, you need to collect the items for the estate and put them in storage pending final resolution one way or the other.
Answered on Feb 04th, 2014 at 10:22 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Who is the personal representative of his estate? It sounds like nobody is in charge, of course things are missing. Take control of the situation.
Answered on Feb 04th, 2014 at 10:21 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You need to contact a probate litigation attorney to assist you to determine who may be liable for items missing from your father's house.
Answered on Feb 04th, 2014 at 10:20 PM
Creditor's Rights Attorney serving Clayton, MO
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Fluhr & Moore, LLC
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After your father's death, the mortgage company is prevented by law from taking any action against your father's home. I suspect someone else did the deed you describe.
Answered on Feb 04th, 2014 at 10:19 PM
By now, someone should have filed a petition in the local probate court to close the estate. The court will name an executor to collect all assets, pay outstanding bills and taxes, and then distribute anything left over either according to the terms of the will or according to the state's intestacy laws. Contact the executor of the estate and tell him/her what's missing.
Answered on Feb 04th, 2014 at 10:18 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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There is not enough information to give you a confident answer. There will be issues of evidence and proof, no matter what happens. Whether the company that secured the house has the items is also a question. Since there is a mortgage on the property, if you have any interest in the home or the contents, you will need to continue to make payments and/or file a probate estate in order to become Personal Representative. Otherwise, you have no right to pursue any action at all. Only the PR can sue for an estate.
Answered on Feb 04th, 2014 at 10:02 PM