removing a deceased parent from the bank mortgage

My mother and I purchased a home several years ago. both names are on the

mortgage with the bank. My mom passed away a few months ago and had no estate, other than the house. She had no Will. I am working on the bank to restructure the loan to make the payments more reasonable. They said that they need documentation to have her taken off the mortgage. I have provided the death certificate but that isnt acceptable. The bank says they need these items and I have no idea what they are

1 Recorded Deed that transfers the property to you

2 Affidavit of Heirship or Affidavit of Succession to Property

3 Letter of Administration or Testamentary

4 Will or evidence that a Will has been submitted for probate

can you help me figure out what I need to provide them so we can get this

resolved? I do not have any money to spend on lawyers. I am trying to save the house but I don’t know where to turn now. t

Asked on August 23, 2018 under Estate Planning, Texas

Answers:

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

Answered 2 years ago | Contributor

I am so sorry for your loss.  It sounds as if the deed as it stood did not leave you with "rights of survivorship" on the property so the bank needs to see that you alone are inheriting the property from Mom.  So they want to see that you have submitted her estate in to Probate (the Will is there was one or if not then an Administration as per the Intestacy Statute) and been appointed as the Fiduciary (Letters Administration/Testamentary) and the lineage of who inherits (Affidavit of Heirship/Succession).  If Mom intended to trasnfer the property to you and executed a Deed that Tranfers the property to you directly then that would suffice in lieu of the probate documentation.  Muster up enough money to consult an attorney in your area.  Good luck.


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