[WSBAPT] Reverse mortgage, death of parent, lack of probate and practical advice!

[Sarah Jael Dion]

Thanks, Michael. 

Sarah Jael Dion

Dion Law PLLC					
206-550-4005
sarah at dionlaw.com
dionlaw.com

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On Mar 13, 2015, at 1:39 PM, Mike Winslow <mike at winslegal.com> wrote:

> Agree with Richard’s advice and have so advised clients in the past.
>  
> Michael A. Winslow
> 1204 Cleveland Ave.
> Mount Vernon, WA 98273
> Ph. 360-336-3321
> Em. Mike at winslegal.com
>  
> This message is from an attorney, so it’s confidential. If you are not the intended recipient, it’s too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.
>  
> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Richard Wills
> Sent: Friday, March 13, 2015 1:02 PM
> To: WSBA Probate & Trust Listserv
> Subject: Re: [WSBAPT] Reverse mortgage, death of parent, lack of probate and practical advice!
>  
> Assuming the condo is underwater & the estate as a whole is insolvent:
> Don't open a probate.
> Don't contact the mortgage lender.
> Stay in the condo until the buyer at the foreclosure sale threatens to evict.
> 
> I've had numbers of these, & typically, foreclosure doesn't occur for at least a year after the D's death --- & often much longer (I've had some where it's truly been years).  Meanwhile, at least in my experience, the tenant effectively has rent-free use of the property.  The downside to this is that if they continue to use the property, they're liable for it, eg, for waste etc.  Therefore, it's often a good idea to retain insurance on the property --- for example, if the property (eg, a home) burns up, is vandalized, etc., the insurance should protect the tenant from any claim for damages.
> 
> 
> On 3/13/2015 11:59 AM, Sarah Jael Dion wrote:
> Hello listmates!
>  
> I am debating how to advise a client in the following situation, and would be appreciative of thoughts/ideas from anyone with knowledge to share!
>  
> Client’s mother died at the end of 2014. Client recently hired me to assist her. Client has not opened probate. Client is a very nice woman, but is rather delicate in nature and is easily overwhelmed.
>  
> Client’s mother owned a condo where she lived with client, and where the client still resides. The mother took out a reverse mortgage, which became due upon her death. Client would like to buy the property back from the reverse mortgage company, but for a variety of reasons, has realized she will not be able to do so. The only asset in the mothers estate is the condo and it appears that the reverse mortgage is for more than the condo is worth. The reverse mortgage company will not communicate with me or my client because we do not have letters testamentary from the probate court.
>  
> The estate is insolvent, which means that opening probate would be especially $$ and would only benefit the reverse mortgage co. My client ideally would like a little more time to remain in the condo, but I don’t want her to run afoul of anything.I am thinking of advising her to (1) call the reverse mortgage company and tell them that they should go ahead and foreclose, and (2) just walk away from the whole situation without opening probate. Does anyone see a problem with that? If we go that route, may she just remain in the condo for a few months as the bank does what it needs to do, or must she evacuate ASAP?
>  
> Are there other suggestions for action my client could take? 
>  
> Thanks in advance for any ideas!
>  
> Sarah Jael Dion
>  
> Dion Law PLLC
> 206-550-4005
> sarah at dionlaw.com
> dionlaw.com
>  
> This message is private or privileged. If you are not the person for whom this message is intended, please notify me immediately and delete the message. Please do not copy or send this message to anyone else. 
>  
>  
>  
> 
> 
> 
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