If my mother died without a Will, how do I keep her house?

I have been living with her for 3 years now. She bought a house 2 years ago and has a mortgage. I’m sure my credit is not good enough to get my own loan.

Asked on December 1, 2015 under Estate Planning, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If all of the other heirs are in agreement with you keeping the house and the accompanying mortgage, you may be able to assume the house and the mortgage.  You may not have to probate the estate if the are not disagreements, but you would still need to obtain the paperwork (either transfers of title or affidavits of heirship), in order to make sure that you are awarded the property.  Take the mortgage documents and any titles to a probate attorney and let them review your paperwork to see what documents, exactly, would be applicable to your situation. 
You do want to get this handled sooner than later, though.  If there are other heirs, you don't want them trying to make a claim to a home after you have put another three years of payments into keeping it. 

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