From: "realEstateGuy" 
Newsgroups: misc.invest.real-estate
Subject: Legal Question(s) about Estates....HELP!!??
Date: 29 Sep 2005 16:26:45 -0700
   posting-account=VKLY7wwAAAAw0e3X5DhGK6pfAZMyEug2

A Widower dies 11 months ago, no will. Daughter opened the estate.
Has a house with a 50K mortgage....in foreclosure
Values at 190K!!
Has 2 kids...both in agreement to sell.
No Liens against deceased. No other mortgages.

2yrs Nursing Home...$80,000.00 from State Health & Social Services,
looking to attach (or has) to the estate.

Daughter ready to give house back to bank!!! because of the scary
$80.000.00

It's unclear if 80K has been filed as a claim against the Estate. (my
state they have 8 months to file a claim...haven't checked as of this
writing, but soon will)

Question(s)...

=B7Actually how scary is that 80k for the sale of the house?

=B7If it were filed as a claim against the estate, how difficult would
it make the sale of the home?

=B7Would the house HAVE to yield enough to satisfy debt or NO SALE?

=B7Could it sell while in estate for little more than what is owed on
the 1st mortgage?	...with a looming 80K debt from HSS attached to the
estate.

Why might one entertain giving the house back to the bank in this
situation?
=B7Is the Admin of the Estate (daughter) liable for the 80K in any way
personally?

=B7Does the 80K go away for the Admin of the Estate (daughter) in her
capacity as Admin...if the house is given back to the bank? (because
she was going to do that)

Could they sell it even if it didn't bring enough to satisfy the 1st
mortgage and the 80K?

Would the Daughter/Son/Estate still be liable for any balance left
(assuming the house could be sold for the highest offer they could
get.... 60K in ten days).

Would the 1st mortgage or 80K against the estate, get paid first from
the proceeds of a sale?