I apologize, my intent wasn't to suggest using an attorney. It was only to contact the original attorney and see if he could send information to the collections people to show that they no longer had rights to a debt. If that was indeed the result from the probate. This would alleviate you of having to deal with them. Hope that is a little clearer about what I was trying to say.

First of all, people do not use these kinds of forums so that they can be told to talk to an attorney. It is understood that legal advice should only be given by an attorney. These forums are designed for those who can't pay an attorney every time they have a question that needs to be answered and is intended as a fast and simple way to find others that have experienced similar situations and want to share them. I think people get on here and just get a kick out of telling someone that they should talk to an attorney, like that individual doesn't have the intelligence to know that.

Second, who says that attorney's have this gift to 'know all' about what the law says or what will happen in every legal situation? Lawyers mostly represent their clients and either do their own research on a case by case basis or get someone else to do it for them. It is impossible to know what the outcome will be on every case. An attorney can only give you the best advice based on what their experiences tell them, the same as what people look for here in this forum, experiences.

Could your attorney file for a cancellation of mortgage? We did this on a similar estate we listed. Once we received probate court approval, the attorney was able to get a cancellation of mortgage as the house resold for less than what was still owed.

Yes, there was an attorney used during the probate and I come to the same conclusion. The debt is no longer secured. Yes, there was an inheritance deed issued without any liens or anything else attached to it in my mother's name alone. The problem is that the other security deed is still on file and we do not know if that still gives them rights to make claims against the property. I think that the bank lost their rights to make claims against the property when they failed to file their claim with the probate court. Because they failed to do this the property was disbursed to the beneficiary. I'm thinking that if they have any recourse it would be to attempt to sue for the money. Of course, though I don't think they would have much luck considering that my mother did not agree to pay back money that she did not borrow. Her name isn't on the Security Deed and she and her attorney probated the the estate and will according to Georgia state law.

Adrian,

We agree with Ray. This is a situation best that needs to be supported by an attorney.

Best wishes

I'm only guessing here, this may not be the best answer. Was there an attorney representing the estate during probate? If so, have you tried to contact the attorney. I'm assuming there was a mortgage on the property and that the mortgage lender is trying to collect on the mortgage. The mortgage would have to be (been) wiped out by the legal system and a free and clear deed issued-I think. If there was not an attorney at the beginning, you may want to check with a real estate attorney in your area.
Hope this helps.