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What You Need to Know About Probate and Mortgage Issues

What is Probate?

Probate is the process of establishing the legality of one’s will. Most often it is accompanied by a rather long and bothersome set of problems and an overwhelming amount of paperwork.

The initial proceedings of probate begin in special courts known as “probate courts”. Usually, the first step taken is to determine if the deceased has left behind a legally acceptable will (in which case he will be called as a testator) or not.

Frequently Encountered Problems with Probate

1. Family Member’s Complaints

The most frequent complication encountered is from the family members of the deceased and their never-ending claims.

When a wealthy relative passes away, even the most distant relatives will rush out to establish a false claim on the deceased inheritance, that is why it is vital to check the authenticity of one’s claim. Apart from the family’s allegations, the dragged-out proceedings of probate are itself tiresome.

Usually, the initial step is to determine the authenticity of the deceased property, followed by a visitation of that property with a lawyer specialized in probate dealings.

2. The Deceased’s Debts

The second very commonly encountered problem is when the deceased has few unpaid bills or has taken up a lot of loans. These include mortgages, federal and state income taxes, personal loans, including student loans, loans against life insurance policies, credit card bills, utility bills, cellphone bills, etc.

In such a case, the dues are normally cleared from the inheritance money. The real complication arises when the debts of the person out weight his or her inheritance, in such a case, two outcomes are possible, one that the probate is not further proceeded and is terminated.

Second, if a relative wishes to keep the property of the deceased for example a car or a house, he or she should be willing to continue paying the debts of the deceased. Sometimes the process can be dragged from months to years.

3. Tedious Court Meetings

Another issue commonly faced is the long-stretched out court meetings and the availability of a lawyer specialized in probate proceedings.

Especially bothersome are the dealings of a wealthy individual, from ensuring the authenticity and value of the former’s assets to the lengthy proceedings to certify the rightful claims.

Moreover, real estate assets are not limited to a certain country but are considered authentic assets all around the globe. So, the probate lawyers are often required to visit a property in another country and evaluate its worth.

Generally, the more prosperous the deceased, the more complicated the probate proceedings are.

Another issue of related complications is — you guessed it — mortgage.

What is a Mortgage? 

By definition, a mortgage is an official contract between a bank (or some other high authority society) and an individual, the bank agreeing on granting a certain predetermined amount of money at interest, in exchange for temporarily taking the title of an individual’s property or car or any high-value asset.

As soon as the client pays back the money (normally he or she does that in series of regular payments) with added interest, the title goes back to the respective owner.

Commonly Encountered Issues with Mortgage

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1. Paper Works

A mortgage is a legal process, and anything remotely linked with legality is bound to have a ton of paperwork involved.

Although with recent advances in the world, most of the paperwork can be entrusted to the computer but still cases in which either loan-lender or the loan-receiver misplaces some crucial document and that leads to a panic, confusing scenario.  Therefore, in this modern era, it is vital to entrust the maximum of paperwork in the safe hands of technology.

2. Changing Rules

Secondly, with the ever-changing social and economic values, both the lender and the receiver should be up to date on new legal rules and tax information to avoid massive blunders that may lead to a huge money loss.

3. Competent Hands

The third problem is yet again frequently encountered–Low staffing. Mortgage companies are often seen struggling with efficient promotion and lacking trained professionals. This tends to have a very negative effect on their overall profit. A lot of times, potential clients are missed because of a lack of adequate advertisement.

4. Entrusting Inherited Property to Bank

Another potential complication is faced when the client temporarily entrusts his or her inherited property to the bank. In such a scenario, the bank or the lending company is bound to test the client’s “ability to repay” by some means. This step is vital and ensures the bank that the client is capable of paying.

Relationship Between Probate and Mortgage

If a person owes a bank a mortgage and he or she passes away unexpectedly, normally the judge’s first decision is to pay the bank the required amount of money from the deceased’s inheritance cash money.

However, if the deceased had no cash in inheritance left, normally the property that the bank has the title of temporarily is sold off and the money is used to pay off the mortgage of the deceased, the rest of the money is returned to the close relatives.

If the mortgage owed is more than the debts, usually, the probate is terminated. But, if a close relative for example son or father is willing to pay the mortgage the probate proceeds as usual.

Sometimes, a person owes an individual or a company a certain amount of money, but when he or she passes away, this debt owed does not surface, neither any claims from the lender are received.

In such a scenario, in most US states, typically a period of a year is allotted in which the lender can claim. If a claim is made within a year and authentic documentation is also provided as proof, then the debt is paid off from the deceased assets.

However, if not within that fraction of the time as allotted by the probate court, (normally it is one year), no claims by a lender are considered.

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