Credit Card Debt and Mitchell Lama

[fudge]

Hi,

My mom recently passed away. She had credit card debt that approximated to about 20,000. She didn't have a will. Also, she didn't have anything of real value except for maybe her mitchell lama apartment (or her shares of the apartment). My question is, can the credit card companies somehow take those shares?

A little more info: My parents were divorced. I have been living in the same apartment with my mom, and her parents for many years now, and am in the works for succession rights. I have been told that we are not responsible for his debt, but are worried that the apartment can and will be taken away.

Is this possible? Will we be notified in such an event or can they just take the value of the shares automatically? Or is it that they can't touch a Mitchell Lama apartment because theoretically my mom really didn't own it.

Please advise on what to do.

Thanks so much for your help!!!

[TenantNet]

This is too complex for this forum. You need a good lawyer ASAP as it involves housing and estate law as well as debt. The estate itself may still be responsible if the shares are liquidated, but on the other hand you nay have succession rights. And it's possible the creditor might end up owning the unit with you as a tenant. Get legal advice asap.

[Cranky Tenant]

Didn't we already discuss this?

Please help with Mitchell Lama Apt after Death

Has there been any change in your situation?

[fudge]

Hi Cranky,

Thanks so much for your help... again.

For some reason, I forgot that I posted pretty much the same thing before.

Not much has changed, I'm still working on everything. The credit/collection agencies seem to be the latest concern, so that's what I will be looking into now.

Let me know if you have any ideas, and I think I will definitely go with your suggestion for an attorney. Would you happen to know a good attorney that understands Mitchell Lama?

Thanks!!!

[Cranky Tenant]

Hi Fudge,
As Tenant.net pointed out, I think you need an attorney who is experienced not only tenant's rights, but estates and debt as well. There are a number of tenant attorneys who advertise on this site but you should ask if they have related practices, or associates, dealing in estates and debt.