do I need a real estate attorney?

My mother recently died, she owned a condo with a equity line of credit that has a balance, her heirs have been paying the monthly payments along with her association fees and taxes. Until we can sell her condo who is legally responsible for the loan,she was the only person on this loan.
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Answers (3)

Michael J. Helfand

Michael J. Helfand

Contributor Level 7
It sounds like you need to talk to a probate attorney. Most likely, your mother's estate is responsible. If you already have an attorney who is working with you to settle your mother's estate, then ask them. If not, I can recommend someone. You'll want an attorney who works in the county where your mother was living when she died. Feel free to give me a call. 1-800-517-1614.
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Eric J. Parker

Eric J. Parker

Contributor Level 3
Actually, you will need a real estate attorney and a probate attorney. Fortunately, there are lots of firms that do both. If the Condo was in her name, it will be necessary to set up a probate estate in order to sell it. This is one area of the law that is not really a good "do it yourself" project. Feel free to call if you need advice.
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Henry Repay

Henry Repay

Contributor Level 6
A real estate attorney with experience in probate matters can handle this for you. Absent a co-signor, only your mother's estate is "responsible" for payment, but if the payments are stopped then the opportunity to sell and distribute the proceeds will be lost in a lender foreclosure or association eviction action. So, if there is equity in the property and provided the family can continue to keep things current, they should. If selling is unlikely, another option to consider is leasing, if allowed and the risks are fully evaluated. Upon sale, it may be possible to work through a title company to avoid probate, but that option should be considered now so that probate can be initiated if necessary. I would be pleased to consider this matter.
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