What do I do if my mother passed without a Will and her house going into forclosure

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What do I do if my mother passed without a Will and her house going into forclosure

There are 6 siblings.

Asked on April 6, 2015 under Estate Planning, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If there is no surving spouse, the house would go to the six of you--IF it is not foreclosed upon. The bank has the right to foreclose if the mortgage or home equity loan is not paid. If it's worthwhile to do so--i.e. if there is a decent amount of equity in the house after paying the mortgage--it is very likely that the six of you could negotiate/work with the bank to pay off the mortgage or replace it with a new loan, in order to keep the home, after which you could sell it and split the proceeds. You'd also need to get the court appointed administrator (who is in charge of the estate when there is no will) involved.


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