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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Dealing with decedent's estate Posted by Ward-CA- on April 04, 2004 at 1:49 PM In Reply to: probate que - for Rick or Ward posted by will on April 03, 2004 at 10:54 PM : Ward or Rick, : I found a string of posts from the archive that describes very similar to my current opportunity. (I should've checked before : I posted my previous two msgs.) : My deal is definitely worthwhile where I will be getting about >$100k of profit at resale. : I have a surviving wife who is very cooperative. She will file for Chpt13 emergency petition if needed. There is a will. She is the sole beneficiary to the house. So I am willing to put my time and effort to make this work. BUT, I only have 3 days until TS date. : Is there anyway to postpone the TS date? I am not sure TS date will postpone even if she files a BK because the mortgage note : only has her deceased husband's name on it. : Also, do all and any real estate of a deceased person has to go : through probate regardless of total value of the estate or value : of the property? : Thank you! ====================== Will, The house is not in your client's name yet, so a bankruptcy filing by her won't stop the foreclosure against a property that she doesn't own. So at this point the only thing that's going to stop the foreclosure is to reinstate the back payments, if the lender is disposed to do so in the final 5 days before the scheduled sale. You might do that in exchange for a notarized assignment from the wife of her distributive share in the estate. Hope this helps. Follow Ups: Re: Dealing with decedent's estate Rick Harmon 2:52 PM, 04/04/04 (0) Post a Followup: Name : E-Mail : Subject : Comments: : : Ward or Rick, : : I found a string of posts from the archive that describes very similar to my current opportunity. (I should've checked before : : I posted my previous two msgs.) : : My deal is definitely worthwhile where I will be getting about >$100k of profit at resale. : : I have a surviving wife who is very cooperative. She will file for Chpt13 emergency petition if needed. There is a will. She is the sole beneficiary to the house. So I am willing to put my time and effort to make this work. BUT, I only have 3 days until TS date. : : Is there anyway to postpone the TS date? I am not sure TS date will postpone even if she files a BK because the mortgage note : : only has her deceased husband's name on it. : : Also, do all and any real estate of a deceased person has to go : : through probate regardless of total value of the estate or value : : of the property? : : Thank you! : ====================== : Will, : The house is not in your client's name yet, so a bankruptcy filing by her won't stop the foreclosure against a property that she doesn't own. : So at this point the only thing that's going to stop the foreclosure is to reinstate the back payments, if the lender is disposed to do so in the final 5 days before the scheduled sale. : You might do that in exchange for a notarized assignment from the wife of her distributive share in the estate. : Hope this helps. Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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