Can we file bankruptcy to keep the house? 9 Answers as of September 10, 2017

My mother-in-law passed away in 2014. She got sick and 30 days later died so she was only able to sign a will and power of attorney leaving everything including her house to her only son. We have lived in her house and made the mortgage payments up until about 4-5 months ago when we hit financial hardships. The bank won't give assistance without pro-bate court. Can they make us do that when we have her will?

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Well, you cannot hide the will. In fact you must file it with the court within 30 days after the death. It appears that your mother wanted to leave her property to her son. And unless there are very unusual circumstances surrounding this, she had every right to do so. You would do well to consult a lawyer with extensive probate experience. He or she might be able to find an argument based on the law of your state which could trump the will.
Answer Applies to: Wisconsin
Replied: 9/10/2017
OlsenDaines | Rex Daines
Yes, you can file a chapter 13 which will require the bank to accept the ongoing payments and set you up on a payment plan to make up the missed payments. You should still get the probate started so that you can get that home actually titled in your name.
Answer Applies to: Oregon
Replied: 9/5/2017
Stephens Gourley & Bywater | David A. Stephens
Bankruptcy will temporarily let you keep the house, but after a month or so the stay will be lifted to go into foreclosure. You need to probate the house to get title so you can work on a loan modification or refinance.
Answer Applies to: Nevada
Replied: 8/31/2017
A Fresh Start
A Fresh Start | Dorothy G Bunce
A power of attorney dies when the person who makes it dies. That is why there is probate court, and you should have consulted with an attorney to put the property through probate within 30 days after your mother-in-law died. I am not sure what, if anything can be done to save the house since I am not a probate attorney.
Answer Applies to: Nevada
Replied: 8/31/2017
Danville Law Group | Scott Jordan
Yes, Probate is the only way to transfer property after someone dies, even if they left a will. The will is used to show who is to receive the property and a Judge must sign the order allowing the transfer. So, yes, the bank is correct and you will need to file a petition for probate in the county where the property is located.
Answer Applies to: California
Replied: 8/31/2017
    Law Office of Kimberly Fives | Kimberly Fives
    Title needs to be in your name.
    Answer Applies to: California
    Replied: 8/31/2017
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You need local counsel asap. There are several issues. 1. You will probably need probate court. 2. Does the deed of trust allow you to assume the loan? 3. Can you fund a ch13 case?
    Answer Applies to: California
    Replied: 8/31/2017
    Ronald K. Nims LLC | Ronald K. Nims
    A will doesn't make you the owner of the deceased property. A will instructs the probate court how the deceased wished her assets to be distributed after her debts are paid. You need to open the probate then the house can be transferred.
    Answer Applies to: Ohio
    Replied: 8/30/2017
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    You have so many issues it is difficult to know where to start. You need a competent lawyer. Now. Probably you can file a Chapter 13 to require the bank to deal with you but you have many other issues and the bank and foreclosure is just one of them.
    Answer Applies to: Washington
    Replied: 8/30/2017
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