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My mom passed away in NY,no mortgage,no will. How do i get the house in my name?
SHE HAD BALANCES ON CREDIT CARDS AND THEY ARE STATING THEY ARE GOING TO PUT A LIEN ON THE HOUSE. WHAT CAN I DO PLEASE???????
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First of all....Her creditors can not place a lien on the property. They must sue your mothers estate in order to obtain permision to lien the property. That is number one so calm down.
I`m so sorry for your loss. I had gone through the same orderal. How dare the creditors to make threats to you like that. Document all of those creditors threats so you can turn them over to an Attorney. The home will now need to go through probate court. It is a very long process. (about 18 months) You can not touch a thing at this time. However you can have your attorney ask the courts if you can stay in the home while it is in probate in order to keep the gas and electric up and to keep care of the home while it is in the courts. Best of luck and again so sorry about your loss.
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Contact a family attorney who handles estate planning. Most of the time all it takes for the creditor's to be stopped is the official death certificate. You are not responsible for her debts, to get the house into your name is also something the attorney can help you with. Ask friends or family members if they know of an attorney you could talk to or get referals from.
Good Luck!
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