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Mother just died and estate is insolvent. Sister and I are named as pr's and are considering renouncing.

Indian Head, MD |

Estate has 0 cash, about $300 in personal property and a home in foreclosure with about $25000 payments past due. We aren't sure if her will has been filed in the county of former residence and are considering just walking away. We don't have an original copy of the will. Input please?

Attorney Answers 3


If there is nothing in the estate as you indicated, there is nothing to renounce. If you are not liable on the mortgage, then you can just inform the mortgage company of her death.

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Since you did not sign the mortgage documents nor notes there is no privy of contract and you can not be held liable for a deficiency.

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I agree with Ms. and Mr. Adams.

The legal analysis of any situation depends on a variety of factors which cannot be properly represented or accounted for in a response to an on-line question. Any answer, discussion or information is intended as general information only, is not intended to serve as legal advice or as a substitute for legal counsel, and should not be relied upon in making any decision. If you have a question about a specific factual situation, you should contact an attorney directly.

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