When a parent refinances their home why do her deceased son’s children have to sign

My Mother is refinancing her home and she is wanting to
leave it to her adult children.. Two of my brothers have
passed away.
The woman that is drawing up the abstract said that the
children of my deceased brothers would have to sign the
papers..
Mother told her that she was leaving her house and property
to just her children that are living.. and the woman told
her that according to the law, if a child had died that his
children would have to sign the papers..
Mom is confused because she only wants her children to get
an equal share.. not the grandchildren.
Please help us to understand this law..
We live in Alabama. thank you

Asked on July 11, 2017 under Estate Planning, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Only the owners of a home have to sign any paperwork relating to a refinancing, a mortgage, a sale of the property, etc. Non-owners do not get a say in or authority over any real estate transaction or loan. If you mother is the sole owner of her home, she does not need their signature.
If was not the sole owner, then other owners would need to be involved, so if her deceased son had been on the title with her, then it is possilble his children inherited his interest or share and so are owners, too, in which case their consent would be needed. The consent or permission of others would also be necessary if your mother had only a life estate in the home (not full ownership, but just the right to live there for her life), or if the home is owned by a family trust (in which case the trustee has to agree to and apply for the loan) or an LLC (in which case the LLC, by its managing member, is involved).


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