Legal Question in Credit and Debt Law in Georgia

My 62 yr. old brother passed unexpectedly and my parents, who are in their eighties, have decided to let the house he was buying go into foreclosure. He was a hoarder and there is a lot of junk inside and outside of his house. Are my parents required to clear the premises or will that be the bank's problem? I have offered to contact a junk removal company to my 88 yr old Dad but he goes into an angry rage and tells me to mind my own business.


Asked on 8/07/16, 12:43 pm

1 Answer from Attorneys

I don't understand this. Tour brother either owned the house or he did not. If he only had an offer to purchase on the house, there would not be a need for foreclosure and your brother should have nothing there. On the other hand, if your brother owned the house, that is a different issue. But say he owned it. Even if he was still paying back the lender, it was his.

You do not relate a lot of important details. Where is the house? Where did your brother live at the time of his death? Was he married? Was his spouse alive if so? Did he have any children that you know of , legitimate or not? How much equity was in the home even if it was financed? Why are your parents allowing foreclosure to occur? That would only make sense if more was owed on the house than it is worth. Usually, people want to clear out personal effects. However, if your brother truly had junk, then why do you or anyone else care? If its a pile of junk, then I can see why your 88 year-old father and mother don't want the hassle or expense. If the bank forecloses on it, then they will have to hire someone And why a re you butting in? Do you stand to inherit something? Do you suspect there might be a valuable in the junk?

Has an estate been probated for your brother? Did he have a will? What debts are there in the estate besides a mortgagee? What assets are there in the estate and what is their value? Do not answer me. You need to answer my questsions for yourself. If there are assets (or asets that outweigh debts) and/or the home is worth more than its mortgaged for, then it would behoove you or a family member to probate an estate. If there is no will, I get why your parents do not want bothered. How long has it been since brother died? Either parents need to renounce and/or you need to petition as administrator. Please see a probate attorney who practcies in the state/county in which your brother lived at t he time of his death to see if probate would make sense or whether foreclosure should proceed.

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Answered on 8/07/16, 8:29 pm


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