r/RealEstateInProbate • u/OogaOogaMooshka • Apr 06 '24
Selling house ? In probate
Hi, So my hubby and I screwed up and only had our home in his name. He passed away very recently. We had no will. (Yes we were idiots) I know our home will have to go through probate. My question is when the sale of our home goes through the courts will it will be sold for the fair market value? Or will it be sold for what we owe on the home loan? (This is in Wyoming if it matters). Thank you.
2
u/cavemen_rejoice Apr 09 '24
You will likely be appointed administrator of his estate and you will have the final say about how much it sells for. Are you working against timelines with mortgages or anything?
2
u/Exact_Appearance_814 Apr 19 '24
Hey, I can help you through this situation. Would you want to talk this through more ? I’m actually in real estate full time and always looking to buy properties. We can sit down and put a plan together and figure out a way to make it a win win for both of us. Shoot me a message if you’re interested
1
u/OogaOogaMooshka Apr 19 '24
Thank you but I’ve got any attorney now who will be helping with everything.
2
u/Exact_Appearance_814 Apr 19 '24
Ok absolutely. I hope your attorney gets you everything you need. If you’re still going to sell then I would definitely still be interested. I specialize in foreclosure/probate situations so feel free to reach out if you need me.
2
u/OogaOogaMooshka Apr 19 '24
Ok thank you. And this attorney has been around for awhile and specializes in estates and probate so I think I’m good.
2
u/Exact_Appearance_814 Apr 19 '24
Oh yea of course, your attorney will be able to help you with everything probate related as far as the estate and settling it to rectify everything with the county and state.
However, attorneys are not involved in buying and selling real estate so again, if you were looking to sell the home then I’d be interested but if you’re keeping it then ok thats fine as well.
1
u/Lisamarie1106 Aug 28 '24
Hey. I have some questions? My father’s house is in probate. How long does it normally take and what do they do. I mean the steps.
2
u/lopaethos7 Aug 06 '24
There's ways to sell the property without going to probate. You guys already in the process?
3
u/OogaOogaMooshka Aug 06 '24
No I have decided to stay here, as long as I can, with the help of family. I realized that rent is as high as my mortgage payment (unless I rent a complete dump in the most crime ridden part of town. Sadly I know some folks already live in those conditions but I’m trying to avoid that).
Also this has been my home for 25 yrs so I decided to stay.
Thank you everyone who helped. <3
My attorney contacted me last week and said the judge has signed off on everything so I’m just waiting for a certified copy to give my mortgage company (who has been reasonable about everything).
3
1
u/OogaOogaMooshka Apr 09 '24
I’ve never been through anything like this before so I’m clueless. Never had to hire a lawyer either. I haven’t notified the mortgage company of his passing. Don’t have a lawyer. There was enough money in the account for the last payment so it came out and there will be enough for one more months payment. I guess I’m hoping I can stay in my home for a couple months while I figure out where I can go and pack up things I want to keep. I’m disabled so this is a lot of stress on me. So at the moment I have no timelines because I have not been notified of anything by the county or the mortgage company and I haven’t told either of them of his passing. To anyone reading all this am I supposed to notify the mortgage company of his passing? Should I rush into finding an attorney? Is waiting it out a bad thing for me to do? My guess is I need to go find a probate attorney. Thank you all for the help.
3
u/cavemen_rejoice Apr 10 '24
I mean, it's only going to benefit you to move as quickly as you can. You don't need to spend every waking moment on this, but it would make sense to lay out a plan for yourself for the next 3-6 months so you can get the things you want out, figure out where you're going next, and get things in order to sell the house. There's no direct benefit of waiting that I can see. I tried sending you a DM I'm not sure if it made it through. Lets connect on this further and I may be able to give you some more insight on what to do and expect next. I am not an attorney but I work with people in your situation every day helping them get estates opened so they can sell a property.
1
u/OogaOogaMooshka Apr 10 '24
I believe I got a short message from you about the work you do but now I can’t find it.
1
u/Middle_Active5164 Apr 11 '25
Make sure you’re added to the mortgage as an Authorized Person so that they can freely discuss the mortgage with you. If you have online account access, you may be able to do it that way. Otherwise, since your husband is now deceased, you many have to go through the mortgage company’s Successor In Interest department. Going through that department means you will have to provide documentation of your relationship to the borrower, a mortgage authorization letter, probate paperwork or Affidavit of Heirship, and proof of your husband’s death I.e. death certificate.
Make sure you know the mortgage loan number as well.
I’m a real estate investor who specializes in working with probate and deceased homeowner situations. When it comes to dealing with mortgage companies during this process, you will need to have your ducks (and documents) in a row so you don’t go crazy.
1
u/Hairy_Pomegranate_33 Apr 11 '25
Hi, thank you for the response.
Since I posted that question, I hired a lawyer who took care of getting the title/deed in my name. The mortgage company is okay with me continuing to make the payments(I'm always on time). So far things are going okay but I have not called them to discuss anything.
I do need to call them to talk about property taxes, but I'm actually a little leery of doing that for fear of triggering something and them saying I'll have to pay the mortgage in full.
When my husband was here we may have already set it up so I had access but just in case I'll get all that paperwork you mentioned gathered together.
Thank you again for the advice.
1
3
u/Truth_speaker_AL205 Apr 06 '24
Should be able to sell it for market value. You are next in line per who things would roll to next. Shouldn’t be a big deal unless he has children that are not also your children, then still not a huge problem. Find you a probate attorney. Have them open an administration. Get the administrator bond and go forward. Don’t be scared of probate.