Legal Question in Wills and Trusts in Indiana

My mom recently passed and left everything to me. We did a quit claim deed on the home because of her illness progression an estate was not established. SHe had a mortgage on the home, which I have not refinanced. I pay the mortgage and taxes and live in the home. A check from the mortage co came the other day m ade payable to the estate of ..... I was told I cannot reapply it to the mortgage or cash it or return it to go toward the payment. There is no estate. I own the home. I pay all the bills. My credit is less than adequate which is why I have not refinanced and assumed the mortgage.

What can i do? I need that money. I am entitled to the money. I am putting it right back on the house. No one is able to tell me how to work thru this issue.

I appreciate your speed in this matter and your help.


Asked on 8/17/09, 9:54 am

1 Answer from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Ask your bank if it will accept a small estate affidavit.

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Answered on 8/22/09, 12:28 am


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