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I need legal advice regarding father in law's estate- PLEASE
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<blockquote data-quote="keista" data-source="post: 449659" data-attributes="member: 11965"><p><span style="color: #8b4513"> </span><span style="color: #000000">Correct, but not sure what you are paying mother in law off for???? Did you pay the mortgage directly to the bank or did father in law pay it and you paid him? When you get a new mortgage, the payoff of the old mortgage would go directly to the original bank not the person paying that bank. Works that way for ANY refinance.</span><span style="color: #8b4513"></span></p><p> <span style="color: #8b4513"></span></p><p><span style="color: #8b4513"></span><span style="color: #000000">Yes and no. Thing is, you have/are already purchased the house. You should NOT have to do it again. That's why it's important to address it through probate. As long as you have proof of ALL the payments you made for every facet of the home and have a reasonable judge, this should not be a big issue even if mother in law says it's not so. Headache, yes, but again assuming a reasonable judge and you have proof, logic states the home is really yours despite what all the paperwork says.</span><span style="color: #8b4513"> </span><span style="color: #000000">It will bypass mother in law entirely and have the effect of you inheriting the house from father in law. Also if I'm not mistaken, if that happens the bank may be more than happy to just transfer the remaining balance of the mortgage to you and husband avoiding a new mortgage and the associated closing costs (might still have to pay a transfer fee and county/state doctor stamps.</span><span style="color: #8b4513"></span></p><p> <span style="color: #8b4513"></span></p><p><span style="color: #8b4513"></span> You're welcome and yeah, there are SEVERAL ways this could have been changed years ago to make it easier and financially safer for EVERYONE including mother in law. So don't even let husband get on some kind of kick that you are against her in this.</p><p></p><p>I totally get how husband could ignore dealing with this in the past. There was an amicable agreement and everyone was doing what they were supposed to, so why change the status quo. Actually there were several reason to do that, but not worth getting into it now. Unfortunately that is not the case right now. The two of you can loose your home due to legal technicalities. I'm not saying she would, but if mother in law goes loco and the house just goes to her, then she can sell it any time she wants and you'll have no legal standing whatsoever.</p><p></p><p>Proceed quickly yet cautiously.</p></blockquote><p></p>
[QUOTE="keista, post: 449659, member: 11965"] [COLOR=#8b4513] [/COLOR][COLOR=#000000]Correct, but not sure what you are paying mother in law off for???? Did you pay the mortgage directly to the bank or did father in law pay it and you paid him? When you get a new mortgage, the payoff of the old mortgage would go directly to the original bank not the person paying that bank. Works that way for ANY refinance.[/COLOR][COLOR=#8b4513] [/COLOR][COLOR=#000000]Yes and no. Thing is, you have/are already purchased the house. You should NOT have to do it again. That's why it's important to address it through probate. As long as you have proof of ALL the payments you made for every facet of the home and have a reasonable judge, this should not be a big issue even if mother in law says it's not so. Headache, yes, but again assuming a reasonable judge and you have proof, logic states the home is really yours despite what all the paperwork says.[/COLOR][COLOR=#8b4513] [/COLOR][COLOR=#000000]It will bypass mother in law entirely and have the effect of you inheriting the house from father in law. Also if I'm not mistaken, if that happens the bank may be more than happy to just transfer the remaining balance of the mortgage to you and husband avoiding a new mortgage and the associated closing costs (might still have to pay a transfer fee and county/state doctor stamps.[/COLOR][COLOR=#8b4513] [/COLOR] You're welcome and yeah, there are SEVERAL ways this could have been changed years ago to make it easier and financially safer for EVERYONE including mother in law. So don't even let husband get on some kind of kick that you are against her in this. I totally get how husband could ignore dealing with this in the past. There was an amicable agreement and everyone was doing what they were supposed to, so why change the status quo. Actually there were several reason to do that, but not worth getting into it now. Unfortunately that is not the case right now. The two of you can loose your home due to legal technicalities. I'm not saying she would, but if mother in law goes loco and the house just goes to her, then she can sell it any time she wants and you'll have no legal standing whatsoever. Proceed quickly yet cautiously. [/QUOTE]
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