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okay my mother in law passed away. she helped my nephew buy a mobile home when the bank filled out the paper work they put her name first and him as the co-signer (yeah right). second she cosigned for him a car. my question is, as a cosigner on the mobile home is he responsible for the debt or is her estate. also, can the bank put a claim into the estate on the car because she is a cosigner? we have an attorney but he does not seem to be helping much. i know we need to look for another attorney! any input would be greatly appreciated. thank you

adonis · Posted: Mon Jul 19, 2010 1:24 am Post subject:

Welcome shelly,

Though your nephew is mentioned as the cosigner of the mortgage, he will be liable for the mortgage dues after your mother-in-law's death. If he does not pay the dues, the lender will foreclose the property which will have a negative affect on your nephew.

As far as the car loan is concerned, your nephew is the primary loan holder. In that case, the lender will come after him in order to get back the dues and not after your mother-in-law's estate.

Guest

Thank you adonis also for the welcome.

That is what I was thinking. So could you explain something to me please if possible. How can the bank put a claim on the estate for both of the debts. I just don't understand. I think he is responsible for both. They are HIS debts!

I found in the Kentucky Revised Statutes where we can refuse to pay the debts however, the bank can then sue the estate for the debts. You would think they could not even put the claims in if he is responsible.

Any thoughts? Thanking you again

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