What to do if my mother left me her home but both the title and mortgage are still in her name?

She passed 4 years ago and left me her home in her Will. We want to keeo it. There is a mortgage on the home that is in my mother’s name. We have been paying this. Now I would like to take my mother’s name off the home and the mortgage. Do we have to go through probate? And will they try to sell the home to settle the mortgage that is on it?

Asked on July 21, 2012 under Estate Planning, Oregon


Terence Fenelon / Law Offices of Terence Fenelon

Answered 8 years ago | Contributor

It should be no problem getting title placed in your name.  You may have to go through probate, depending upon the value of the property and state law.  The mortgage, however, is atteached to the proerty, not necessarily the owner or title holder.  You would have to pay off the mortgage by refinancing in your own name or simply in cash.

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