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tm1017 · Feb 14, 2007, 08:42 PM

When my Mother in law passed away, my husband, her son was Executor of her estate. We went to an attorney and had her will probated. When a will is probated the creditor has 6 months to place a lien against her estate for any debt owed. We had 1 lien placed. However, her mortgage company did not place a lien. My husband had to send a death certificate and a copy of the probated will to the company in order for him to inquire about the loan. Was the mortgage company suppose to name themselves with a lien against the estate, within the 6 month period, the same as any other creditors were suppose to do? If they failed to do so, what recourse do you have? Thank you kindly for your assistance.

ScottGem · Feb 14, 2007, 08:48 PM

The mortgage company already has a lien on the property. The estate can't sell it without paying off the mortgage.

It sounds like you think its up to the creditors to let YOU know what debts are outstanding. But it's the responsibility of the executor to find and pay any debts. If the executor doesn't do so, they can be sued for failing their fiduciary responsibility.

tm1017 · Feb 14, 2007, 09:52 PM

Originally Posted by tm1017

When my Mother in law passed away, my husband, her son was Executor of her estate. We went to an attorney and had her will probated. When a will is probated the creditor has 6 months to place a lien against her estate for any debt owed. We had 1 lien placed. However, her mortage company did not place a lien. My husband had to send a death certificate and a copy of the probated will to the company in order for him to inquire about the loan. Was the mortgage company suppose to name themselves with a lien against the estate, within the 6 month period, the same as any other creditors were suppose to do? If they failed to do so, what recourse do you have? Thank you kindly for your assistance.

I don't think you understood what we were asking.

excon · Feb 15, 2007, 05:47 AM

Originally Posted by tm1017

I don't think you understood what we were asking.

Hello tm:

Try asking your question in a different way then, because I'd answer it the same way Scott did.

excon

ScottGem · Feb 15, 2007, 06:55 AM

I think I did understand. You have to understand there is a difference between secured and unsecured debt. What the executor needs to do is contact all creditors of the deceased, to inform them of the fact that their debtor has died and to ask them to submit a claim (not a lien) on the estate.

Any debt that is secured by assets of the deceased already has a lien against the asset and should not need to submit a further claim. Any creditors not contacted could still have a claim against the estate if they can prove that the executor was aware of the debt and did not contact them.

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