Anonymous
Post 04/17/2014 13:55     Subject: friends mom died, he is now executor of estate and cant afford the mortgage- whats next?

Anonymous wrote:OP here. I dont think the chances are high that we know the same guy. His house is not quite hoarded. There is no trash, newspapers, that kind of thing. Its just filled with a lot of stuff. Looks like one of those collectibles shops inside instead of a home.

As to his biggest problem- I wouldn't be so presumptious as to know that in his case. I think I may just be scratching the surface here.


That could very well hoarding. It doesn't have to be trash to be hoarding. If it interferes with the day-to-day use of the house, it doesn't matter what the stuff is.

Regardless, he's in a mess. An estate sale company could help sell everything, but then he either needs a job or to sell the house. Probably sell the house, since I doubt he can buy his sister out.

Anonymous
Post 04/17/2014 13:44     Subject: Re:friends mom died, he is now executor of estate and cant afford the mortgage- whats next?

Clearly they should sell the property; it is beyond their abilities to pay the mortgage (and real estate taxes haven't even been mentioned). Perhaps the proceeds will be significant enough for them to get a new start on life.
Anonymous
Post 04/17/2014 13:26     Subject: Re:friends mom died, he is now executor of estate and cant afford the mortgage- whats next?

you have to OPEN probate -- does not happen automatically.
He needs to get a lawyer's advice - PRONTO!



Yes - if he just THINKS he's the executor, and hasn't been court appointed, he's in trouble. The mortgage company has a lien on the property and has to declare this to the probate court. There is a whole probate process for paying bills. This isn't simple. When did his mom die? What state does he live in?
Anonymous
Post 04/17/2014 12:02     Subject: friends mom died, he is now executor of estate and cant afford the mortgage- whats next?

Anonymous wrote:Since there was no will, and he is executor, I assume the estate is already in probate. Are there any other beneficiaries - likely other siblings? Is he the sole beneficiary? Are there any other assets in the estate? If he is NOT the sole beneficiary, then he needs to work with the other beneficiaries to figure out what to do with the house, as they own a share too. If he is the sole beneficiary, he will need to work with the courts to get the title transferred into his name.


you have to OPEN probate -- does not happen automatically.
He needs to get a lawyer's advice - PRONTO!
Anonymous
Post 04/17/2014 11:52     Subject: friends mom died, he is now executor of estate and cant afford the mortgage- whats next?

Anonymous wrote:OP here. I dont think the chances are high that we know the same guy. His house is not quite hoarded. There is no trash, newspapers, that kind of thing. Its just filled with a lot of stuff. Looks like one of those collectibles shops inside instead of a home.

As to his biggest problem- I wouldn't be so presumptious as to know that in his case. I think I may just be scratching the surface here.


IDK, the entire mess sounds a lot like what I've heard from a former co-worker. He fits to a T the details you gave about your friend. I guess this situation is more common than I thought. Sad and a little scary.
Anonymous
Post 04/17/2014 11:44     Subject: friends mom died, he is now executor of estate and cant afford the mortgage- whats next?

The squater laws are only for MD and DC. Basically you can be a scum bag and live there for 2 years before getting kicked out. Virginia is more logical.
Anonymous
Post 04/17/2014 11:41     Subject: Re:friends mom died, he is now executor of estate and cant afford the mortgage- whats next?

Anonymous wrote:
How is he the executor if she died without a will?


We just went through this with my husband's grandmother. She died intestate, and FIL was appointed as the executor of the estate (it had to be agreed upon by his sister who was the only other surviving child).
Anonymous
Post 04/17/2014 11:38     Subject: friends mom died, he is now executor of estate and cant afford the mortgage- whats next?

OP here. I dont think the chances are high that we know the same guy. His house is not quite hoarded. There is no trash, newspapers, that kind of thing. Its just filled with a lot of stuff. Looks like one of those collectibles shops inside instead of a home.

As to his biggest problem- I wouldn't be so presumptious as to know that in his case. I think I may just be scratching the surface here.
Anonymous
Post 04/17/2014 11:10     Subject: friends mom died, he is now executor of estate and cant afford the mortgage- whats next?

Anonymous wrote:Thanks everyone. All of your advice is what I have given him as well. He does have a sister, unfortunately after a nervous breakdown she has been unable to work for several years. He is actively pursuing work. His mental state reaching a breaking point is preventing him from being open to things like roommates or selling the house, all of which are obvious choices out of his predicament. He resists every bit of advice for "reasons" that to him are valid, but to me are indicating that he just is at a breaking point and wont listen to reason, unfortunately. At least not now.

He has an interview today and tomorrow for summer work. All long term job interviews have not worked out.

Its a sad situation. He may have to bottom out before he can see clearly. I will keep trying to get through to him.

His house is PACKED with clutter in the form of his mothers collectibles, furniture and paintings. He had an appraiser out but found out it is all not worth much. Yet then he did not proceed with making decisions with his sister to sell things. Thats just an example.

Maybe I can get through to him by making a to do list of decisions to be made and that might help. Thanks for the legal aid tip- that is an excellent suggestion.


Yep, I'm pretty sure that you and I know the same guy. If so, we both know that this is NOT his only issue. Not even his biggest problem.
Anonymous
Post 04/17/2014 11:05     Subject: friends mom died, he is now executor of estate and cant afford the mortgage- whats next?

Anonymous wrote:OP here. A lawyer costs money. He has none. What would a lawyer be able to accomplish in this case- extend the time he has to pay?


Google is your friend. Look for "pro bono estate lawyer <jurisdiction>" where <jurisdiction> is where he lives. He can try by region, state or county to find those lawyers who offer pro bono services for the disadvantaged. There are some that do provide pro bono services for the unemployed and others who will provide services for a portion of any estate, so that he would only have to pay if the estate returns any profit after all is resolved.
Anonymous
Post 04/17/2014 11:03     Subject: friends mom died, he is now executor of estate and cant afford the mortgage- whats next?

Thanks everyone. All of your advice is what I have given him as well. He does have a sister, unfortunately after a nervous breakdown she has been unable to work for several years. He is actively pursuing work. His mental state reaching a breaking point is preventing him from being open to things like roommates or selling the house, all of which are obvious choices out of his predicament. He resists every bit of advice for "reasons" that to him are valid, but to me are indicating that he just is at a breaking point and wont listen to reason, unfortunately. At least not now.

He has an interview today and tomorrow for summer work. All long term job interviews have not worked out.

Its a sad situation. He may have to bottom out before he can see clearly. I will keep trying to get through to him.

His house is PACKED with clutter in the form of his mothers collectibles, furniture and paintings. He had an appraiser out but found out it is all not worth much. Yet then he did not proceed with making decisions with his sister to sell things. Thats just an example.

Maybe I can get through to him by making a to do list of decisions to be made and that might help. Thanks for the legal aid tip- that is an excellent suggestion.
Anonymous
Post 04/17/2014 10:53     Subject: Re:friends mom died, he is now executor of estate and cant afford the mortgage- whats next?

Unless the place is hoarded to the rafters (in which case, I know this guy), he should be able to get a roommate or two who will basically pay the mortgage.

How is he the executor if she died without a will?
Anonymous
Post 04/17/2014 10:50     Subject: friends mom died, he is now executor of estate and cant afford the mortgage- whats next?

How much equity does he have in the house? If it is significant, maybe he could sell the house and buy a one-bedroom. It doesn't matter that it was the house he grew up in. I can't afford the house I grew up in: that's life.

Roomates is a good suggestion though. If he could rent out a couple of rooms maybe he could cover the mortgage.

Anonymous
Post 04/17/2014 10:49     Subject: friends mom died, he is now executor of estate and cant afford the mortgage- whats next?

Roommates, get job at costco, summer is on the way, he was a teacher, he needs to tutor and try to get hired as a camp counselor.

If he has been unemployed long term, I bet he could qualify for legal aid of some kind. Has he tried?
Anonymous
Post 04/17/2014 10:44     Subject: friends mom died, he is now executor of estate and cant afford the mortgage- whats next?

Roommates, stat