widow rights

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Post Posted: Thu Mar 22, 2012 8:59 am    Post subject: widow rights

My husband purchase a home in texas in 1984 we married in 1985. In 1987 we decided to refinance the home using my credit in order to lower his high interest rate. We lived in the home until his death in 2007. The day of his funeral his son from a previous relationship, filed suit on the estate, 4 years of probate I was given widows rights, and a mortgage on a house that I co signed on 20 years prior. I have been making the payments for the past 4 years, and put over 60,000.00 in it making repairs. What can I do? So much has been invested and I'm now needing financial help. What can be done?
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Icon Mini Profile chrisgummerson
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Post Posted: Thu Mar 22, 2012 11:11 am    Post subject:

If you hold title to the propety and hold the mortgage, there are several things you can do. Did the son, not receive any ownership from probate? If you are sole owner, and are having difficulty making the payments, consider doing a refinance under the new mortgage program, HARP 2. This may help. If not, consider selling the property asap so you do not fall behind. Next, if you did fall behind, you can opt to turn over the keys and deed of the home to the lender, generally they will forgive portion of property that is upside down, if applicable. You can do a short sale, and lastly, foreclosure. Your best bet is to lower your payments, and if not possible, sell the property. Good luck!
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Icon Mini Profile sabrinatoss
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Post Posted: Thu Mar 22, 2012 7:20 pm    Post subject: Hello buyer

Since this is sound "Debt Responsibility" it is possible that the thrust of the question is as to liability for a spouse's debts, rather than rights to inheritance.

Another must is identification of the state in which the decedent died. Different states have different laws regarding such rights. Some states may have minor variances from one another, where as some may have very significant differences. Unless the state involved is known, no one can give a helpful answer. In fact, some generalized answers may do more harm than good if such answers overlook some variation.


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Icon Mini Profile adonis

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Post Posted: Thu Mar 22, 2012 7:45 pm    Post subject:

Hi carbuyer,

If the property and the mortgage, both, are in your name, then you can contact your lender and apply for loan modification. If the lender accepts your request, then he will offer you an affordable repayment plan which will help you in paying off your loan easily.

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Icon Mini Profile smnthaking

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Post Posted: Thu Mar 22, 2012 11:31 pm    Post subject:

It is also important to know that there are requirements for how a
deed must be formulated, and if it does not conform to the laws, it
will be thrown out and the estate will go through probate.

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Post Posted: Tue Mar 27, 2012 7:04 pm    Post subject:

I am in Texas, the deed of trust was jointly held by my husband and I, the warranty deed was in my husbands name, We raised our family in the home including the step son for 25 years, we never believed that there would be an issue.
Icon Mini Profile jameshogg

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Post Posted: Tue Mar 27, 2012 10:51 pm    Post subject:

Hi carbuyer,

Such shocking things do happen in our lives. You can't help them. You can take help of an attorney in this regard as well and try to sort out the matter.

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