[Ken B]

my mother-in-law's house is set to be foreclosed on. My lazy sister-in-law is living there rent/mortgage free and because she hasn't paid anything since her mom died, it's going to be foreclosed. Neither myself or my wife want the house. She, my sister-in-law says the mortgage holder cannot foreclose while the house is in probate- is this true in SC? Anywhere else?

[roderick_young]

It sounds reasonable that foreclosure would be paused pending the results of probate. But the probate might not take long, and even so, the debts would still be owed, and are accumulating now.Whoever is executor/trix has the job of disposing of the estate in a manner consistent with what your MIL would have wanted. In fact, that person would be responsible for making the mortgage payments, not your sister-in-law. The funds for those payments come from the estate, that is, what everyone surviving would have inherited. It's not unreasonable that your MIL would have wanted to continue to allow your SIL to live in the house, rent-free. But the executor/trix is the decider.