Because my mom died without a will. Is there anyway the bank could take the house? All the payments have been made.

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Because my mom died without a will. Is there anyway the bank could take the house? All the payments have been made.

my mom passed away without a will five years ago. two weeks after her death I became inconcerated. My cousin has kepted up with all the morgage payments. Now that I am home I wish to take over the house and the payments. Is there anyway the bank could take the house from our family because my mom died without a will and will it be hard for me to claim her estate being that I am her next to kin. Also the bank has never been notified about my moms death

Asked on May 26, 2009 under Real Estate Law, District of Columbia

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The five years' time since your mom passed might complicate things quite a bit, because the law requires, in most places, that a person's estate has to be taken care of much more quickly.  There will be more trouble with this than if it had been done on time, and the fact that you were in jail won't make much of a difference, I'm afraid.  The house means you have a lot at stake here, so I think it's a must for you to see a DC attorney who has experience at wills and estates (even though your mom didn't have a will), as soon as possible.  One place you can look for a qualified lawyer is our website, http://attorneypages.com

Your lawyer will help you deal with the mortgage bank, too.


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