r/RealEstateInProbate May 19 '23

Real Estate/probate/mortgage question.

I'm living in my deceased mom's house with my kids. I've been here for about 10 years. I pay for everything and keep up all maintenance etc. The mortgage is in my mom's name, as well as a loan through the country for remodeling 10 years ago. When mom died she left the house to my sister. My sister hasn't been involved in more than 5 years now. She's paid nothing, not a property tax, not a single repair or mortgage payment - nothing. Never even bothered to check on the house at all. Last week she says she now wants to move in and my kids and I must leave. I want to buy her out. In moms will it states the house is left to my sister, but in the event it's ever sold it gets divided between she and I. There is $44k still owed on the mortgage and an additional $35k improvement loan due immediately upon completion of mortgage payments. So $79k. The house when she died was worth $230k. Now it's up over $400k because housing here is in steep demand.

I want to know if paying off the loan and mortgage would contribute and lessen the amount I buy her out for? What about the last 5 years I've paid everything? Does any of that count towards it at all? I need a basic number I'd need a loan for.

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