If I live in my late mother’s house, what are my rights?

UPDATED: Jan 13, 2013

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If I live in my late mother’s house, what are my rights?

She dies 2 years ago and in her Will, she left the house to my dad, however he died 15 years before she did. She had 2 mortages on her house – 1 for $182,000. and 1 for $40,000. Her house is only worth about $64,000. I don’t want her debt but the house is being sold at public auction in 2 months. How can I prevent that from happening? How can I get more time here?

Asked on January 13, 2013 under Estate Planning, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I suggest that you consult with a Wills and trust attorney about your matter. Most likely since your father passed before you, you would inherit the home. The problem is that there is $220,000 worth of debt on it but it is worth $64,000 and the unit is being auctioned. From what you have written, I doubt that there will be any equity left on the unit after the auction to be given to your mother's estate.

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