The heirs are asked to make payments mortgage gas electric before being granted the title of benificiary of the house ?

Asked about 1 year ago - Crystal Lake, IL

Does a attorney usually ask you to pay a house off? In the hopes that someday It will be yours

Attorney answers (4)

  1. Judy A. Goldstein

    Contributor Level 20

    4

    Lawyers agree

    Answered . No. This is odd. If the owner of the house has passed away, the estate should be paying the utilities. A decedent's estate should be opened and creditors paid through the estate. Please consult in person with a probate attorney. There are not enough facts here to guide you. No one is an heir until the grantor has died.

  2. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Could it be that the estate does not have cash to make these payments and the attorney has a timeline before the deed can be transferred?
    The attorney might be trying to save the house from going into foreclosure or late\fees.
    You just ask the attorney why this is necessary>

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  3. Celia R Reed

    Contributor Level 20

    3

    Lawyers agree

    Answered . This is an unusual situation, but it's possible that the estate does not have any liquid assets, so the beneficiaries are being giving the opportunity to save their inheritance. The personal representative should confer with the attorney on this issue.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-... more
  4. James P. Frederick

    Contributor Level 20

    3

    Lawyers agree

    Answered . I agree with my colleagues. I have seen this kind of thing happen before, when the estate is insolvent. At that point, the choices are usually 1) go to the heirs and ask them to make the payments; or 2) fall behind and risk foreclosure of the property. If the estate in your situation has assets, then this request would not be appropriate, and you should seek legal advice right away.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more

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