QUESTION
can a mortgage company allow someone to live in a deceased persons house
Asked on Oct 06th, 2020 on Wills and Probate - New York
More details to this question:
My father in law passed last dec and my husbands sister moved into his house with no permission from siblings. there is no rental contract. My husband is executor and when we called the mortgage company his sister was listed as successor and that trumps executor. We were also told she could live there under my father in laws mortgage as long as it was paid(which it is not). how true is this and what can we do so we can sell. Our lawyer did say we have to legally evict her even though there is no rental contract.
1 ANSWER
2 Awards
Follow your lawyer's advice and evict her. Regardless of what someone at the mortgage company may have (erroneously) said, it is the executor's duty to gather all the property, pay all the debts and then distribute the rest according to the Will. He is personally liable if he fails to do so.
Answered on Oct 07th, 2020 at 5:39 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.