If I wrote my own Will with online help and gifted my home to my son, do I need to do anything further regarding this?

I still owe on my home.

Asked on August 13, 2014 under Estate Planning, Georgia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You are doing a little estate planning which is great. When you say you "gifted" the house to him do you mean you left it to him in the Will?  That is fine and in that case he can continue to pay the mortgage on the property until it is paid off.  Inheriting a home does not trigger the "due on sale" clause in a mortgage.  He can also choose to sell it once it is transferred and then he will pay it off at that time.  Might I suggest that you go and seek some legal help - even on a consultation basis  - to make sure that everything is on the up and up?  Wills must be executed in accordance with state laws and the courts are very particular about that.  There are many agencies that will look at the document for little or no fee.  Good luck.

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