Deceased owner. Release of Authorization rejected.

[Mike Ross]

Hello BP! I've been around the REI arena for years. I've overcome many obstacle in this game but his one has me stumped. I'm working with the daughter/heir of a deceased home owner. She's signed a Release of Authorization. I've informed the lender of my company's intent to assist. As protocol, they've requested the RoA. They inform, "Have her call in to do so." Her two attempts are rejected and she is informed there is another name on file. Another name on file?! The deceased was a widow, never remarried, and has refi'd the house a few times. Public record does not reflect another name on signed mortgage. Puzzled, we've tried to even ascertain if the name was male or female which could help in narrowing down family member. Any suggestions on my next move?

[Frank Chin]

@Mike Ross

Estates can be a bit complicated. My wife just spent a year clearing up her mother's estate. She had "letters of testamentary" issued by the probate court to act on behalf of the deceased. When she first contact a financial institution regarding her mother's account, would ask them "do you need the letter of testamentary before going further", otherwise they'll tell her they can't speak to her. My dad used to handle estates for relatives who can't speak English and had the same problem.

In fact, her two siblings would have her make calls and write letters as she's the only one authorized to act, through the legal document, though her siblings are also heirs. These institutions are careful as anyone can call and claim to be an heir. 

My wife was named executor in the will. If intestate, she would have the probate court issue a "testamentary letter" naming her as administrator to act even though she is legally an heir. Being an heir does not automatically authorize you to act on behalf of the deceased.