Foreclosures

User Stats

32
Posts
4
Votes
Maximiliano Rodriguez
  • El Paso, TX
4
Votes |
32
Posts

Executor does not want to sign

Maximiliano Rodriguez
  • El Paso, TX
Posted Mar 17 2023, 10:03

Zac and Bern's sister died, her name is Mary. Mary leaves the house to Bern as heir to the house as stated in her will. Bern wants to sell the house. Zac is the executor of the will and he doesn't want to sign (he hides and does not to talk to anyone to do his job as executor). The house is foreclosure in two weeks.

Bern want to sell the house, what are his options?

User Stats

161
Posts
187
Votes
Tim J.
  • Investor
  • Vermont and New York
187
Votes |
161
Posts
Tim J.
  • Investor
  • Vermont and New York
Replied Mar 17 2023, 10:08
Seems to me that a death and probate likely put a stay on the foreclosure.  But I am no attorney.  Zac needs to be told by an attorney or judge that he has to carry out the duties to the best of his ability.  

Bern probably needs to get a lawyer

User Stats

3,109
Posts
2,987
Votes
Tom Gimer#2 Creative Real Estate Financing Contributor
  • DMV
2,987
Votes |
3,109
Posts
Tom Gimer#2 Creative Real Estate Financing Contributor
  • DMV
Replied Mar 20 2023, 16:15

Generally speaking, Bern should hire an attorney to file an emergency motion in the probate case to remove and replace Zac as Executor. Foreclosing lender / attorney / trustee should be advised of the death of the mortgagor and litigation regarding the Executor.

While those things are happening, Bern should be finding a buyer who can close quickly.