Can I refinance a mortgage that is in probate!?

Everything was left to me. I don't have the immediate cash to pay off the debts. And I don't have perfect credit. But mother had bills and I desperately want to keep the house!!!!!!!!!! I have paid the mortgage payments for almost two years now. Or if there is any other suggestion that will help me keep the home...PLEASE let me know. I reside in Kentucky if that helps any.

I am the executrix and I do have a lawyer. I don鈥檛 think he is doing his job鈥︹€?.but I do have a lawyer.

Assuming there is enough equity in the home to pay off the debts of the estate and assuming you would qualify for the loan, you can have the probate attorney work with your new lender & closing agent on getting this done.

Technically you can't refinance the house until the house is deeded to you and it can't be deeded to you until all of the debts are paid.

If the attorney is willing to transfer the home to you and have the deed held in escrow by the closing agent and have all of the funds from the cash out either paid to the debtors directly from the closing agent or to his office for him to distribute, your problem can be solved.

This is not a conventional way to close out probate but it can and has been done many times. Speak with the attorneys involved.

Yes u can. Just talk to the mortagereee.

No you can't you have to wait until you have payed of whatever the probate fee is and then they might let you remorgage your house but until then you just have to do whatever they want in order to do it.

you can't do anything with the property while it is in probate. just tell the creditors you will pay everything as soon as probate is over and hopefully they'll quit hasseling you

No, you cannot refinance a mortgage that is in probate because you DON'T LEGALLY OWN IT until probate is over.

If it's in probate, you can't sell it or refinance it. That is a standard underwriting guideline.

If your mother's estate is in probate then all claims against the estate should be filed with the probate court and allowed or disallowed depending on their validity. Most creditors will wait until an estate is settled and the court allocates the estate's assets among creditors and beneficiaries. Do I understand correctly that this matter has been in probate court for 2 years? If you are the sole beneficiary of this estate, why is it taking so long? [Footnote to everyone else: make it your New Year Resolution to establish and fund your Living Trust soon.] You best next step is to sit down and have a frank discussion with your attorney or, suspecting that you do not have one, call your county bar association for a referral to probate specialist. The attorney will paid out of the estate.

If you are the beneficiary who is to receive the house you can deal with the lender; even re-finance. But you have to deal with it one step removed through the Personal Representative (executor) -- unless you ARE the executor, in which case you can do it yourself as the estate representative. You need to retain an attorney.

I would imagine if it's in probate yet there should be an attorney involved with the handling of it. You need to check the status with the attorney to see whether or not you could refi the house ( approved by the court. )