jeudi 28 janvier 2016

Heirs and Beneficiaries: Confused on HELOC

My question involves estate proceedings in the state of: Indiana

I am confused. My mother died in 2011. Prior to her passing away, in 2009 or 2010 I will have to check for sure, she quit-claimed her residence to my older sister who is disabled. Legally disabled. The residence had no primary mortgage but did have a $30,000 HELOC thru Quicken Loan that she had had for several years. My older sister then quit-claimed the property to my other sister and I (3 on the deed). That was mom's wish. When mom died, we did not do any estate or probate work as it was an insolvent estate. Our attorney told us that the HELOC loan went with the property and not the tenant and to just send Quicken Loan a copy of the Death Certificate and a letter showing that it was an insolvent estate, and a copy of the quit-claim Deeds. Mom was in a nursing home at the time she passed. She had no property and no assets. Her car had been sold many years before and my sister was living in the former residence so all furniture and such was divided among the 3 sisters as was stated in her Will. I was the Personal Administrator. Everything was spelled out in her Will as who got what.

We have had no problem with QL until December of last year. At that time they refused to speak to us about the account (such as balance, payments, etc.). They said that we had to send them a copy of the Probate that showed the property was passed to us. We do not have this as the property was passed long before mom passed and was not in an estate. We did not probate because it was an insolvent estate. The property is deeded in all 3 of the sisters' names, as are the taxes, and insurance. We are all paying for the taxes, insurance, and QL. I think that QL has farmed the mortgage out to another company but I am trying to verify this. They list the account as the Estate of (Mother's name) but the bill goes to my sister and not the property address. We have been paying this account since 2009 or 2010 and the balance is down to $22,000. They have had no trouble accepting our checks.

What do I need to do to get QL to acknowledge that this property was not in the estate and was/is my sisters and I and to talk to us?

Thanks.


Heirs and Beneficiaries: Confused on HELOC

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