Do I need a deed for my mother’s estate with my name on it or is the probate paperwork enough for the mortgage company and house insurance company?

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Do I need a deed for my mother’s estate with my name on it or is the probate paperwork enough for the mortgage company and house insurance company?

My mother passed away 7 years ago. Everything has went through probate to name me and my sister as co-administrators. My problem is a deed was never made into me and my sisters name, now all of a sudden the house insurance needs one and the mortgage company wanted one as well, they are more understanding then the insurance. To them we are commiting insurance fraud, should the paperwork that we have from probate be enough or do we need a deed? They are threatening to cancel our insurance and then we really cant open another one unless we have a deed.

Asked on August 7, 2012 under Estate Planning, Massachusetts

Answers:

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

Answered 8 years ago | Contributor

You should have had an executor's deed issued to you and your sister as the beneficiaries of the home.  You can stall them with the paperwork but you are going to have to reopen the estate to issue the deed.  You understand that you do not have to refinaince the mortgage or put it in your name in order to continue to payon it, correct?  The law allows this exception to the rule for calling in a loan when a deed changes hands.  Good luck.


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