Can my father in law be named as dependent administrator for my lates wifes estate if he is also named as a tenant in common on the deed to our home and stands to profit from the sale of it?
As it stands my father in law was named dependent admin for my wifes estate, and upon her death there were no debts owed by the estate and we were current on our mortgage, however since my name is not on the deed, the bank would not allow me to make the payments directly which meant that I had to rely on my in laws to take my money and have them make the payment, but they stopped making the payments altogether. Since My inlaws stand to profit greatly through the sell of our home after my wifes passing they instead placed home in forbearance and when the forbearance ended they purposely allowed it to go into foreclosure by refusing to make the payments, thereby creating a debt for my wifes estate and as dependent admin my father in law has now asked the court to order the sale of our home. By doing this my inlaws are able to sell our home that I still reside in my my 2 sons and profit from the sale. Since the dependent adminstrator created the debt in order to profit for himself can I request his removed by the court? Do i have any options to stop the sale since I was continually attempted to pay the mortgage payments and was never notified it that the home was placed in forbearance? Furthermore I was never given the opportunity to satisfy the outstanding debt either.
1 Answer from Attorneys
This is a very significant issue and so you should speak to a local lawyer face to face rather than relying in advice over the internet.