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Ann

3 questions on settling estate....

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My father passed. HIs wife is executor. (Iam daughter of another mom)
He left lots of properties to his wife but the are all mortgaged.
He left 1 property to me,  also mortgaged. "my" property
is 1.5 months late in mortgage payment. 
Wife said she has a regular and NOT estate lawyer!  Lawyer told
her that any property that has been specifically given to someone in my dad's will
is responsibility of that person to pay mortgage. Currently we are not at the 
disbursement state yet because 1 sister is possibly challenging the estate for 25 K claiming

that my dad owes her this money, yet her lawyer has NOT filed yet.

 MY questions: Since clerk told me it takes about 8 months to settle estate what happens to the homes that 

the mortgage goes unpaid? I can't pay the mortgage on the home I inherited! 

Is what the laywer told her about mortgage payments true? Also, Isn't the estate supposed  to pay all creditors
including any outstanding mortgages of all these homes before a disbursement can be made to me for the house
that I inherited? Last question: Can I "refuse" to take the house that I inherited?
thanks

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46 minutes ago, Ann said:

Since clerk told me it takes about 8 months to settle estate what happens to the homes that 

the mortgage goes unpaid?

 

The mortgage company is likely to foreclose if it doesn't get paid for that long a time.

 

46 minutes ago, Ann said:

Is what the laywer told her about mortgage payments true? Also, Isn't the estate supposed  to pay all creditors
including any outstanding mortgages of all these homes before a disbursement can be made to me for the house
that I inherited?

 

The bottom line in all that is that if the mortgage doesn't get paid by someone the house gets foreclosed. So, whoever wants to keep the house has to pay the payments to keep the house. The estate doesn't have to set aside money to pay mortgages because the property is security for those mortgages and can either be sold to pay off the mortgage or foreclosed.

 

46 minutes ago, Ann said:

Can I "refuse" to take the house that I inherited?

 

Yes, you can disclaim your inheritance.

 

Here is the statute that addresses how to do it.

 

https://law.justia.com/codes/south-carolina/2017/title-62/article-2/section-62-2-801/

 

This is apparently a cover sheet that you file with the court with your disclaimer attached.

 

https://www.charlestoncounty.org/departments/probate/forms/pdf/447PC.pdf?r=302

 

I haven't found the actual disclaimer form on a court website but I did find this (and there are other sources of forms online):

 

https://www.uslegalforms.com/sc/SC-03-03.htm

 

Have you determined if there is any equity in the property? Maybe enough to figure out a way to make the payments.

 

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