If I’m the personal representive of my mother ‘s Will, how do l become the executor of her estate?

UPDATED: Oct 1, 2022

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If I’m the personal representive of my mother ‘s Will, how do l become the executor of her estate?

My mother is in hospice. I would like to continue to live in her house after she

passes. She has a mortage and is the only one on the deed. Dad is gone

and l have no siblings. I can continue to pay the mortgage but l don’t want them to

take the house from me. How can l protect myself from this?

Asked on August 25, 2018 under Estate Planning, Maryland


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

Answered 4 years ago | Contributor

I am so sorry for your situation.  If your Mother has no Will then likely now is not the time she would be of sound mind to execute one.  You will, however, inherit everything under intestacy as her only child.  You will file a Petition to become the PR of her estate and you will need to likely file an Affidavit of Heirship from someone close who knew your family well. As for the house, you will inherit it and if you keep paying the mortgage and keep it current then the bank will do nothing.  You can even transfer the house to your self and file a new deed.  Generally filing a deed with someone else on it triggers the "due on sale clause" in a mortgage but not in this type of case.  You will own it and can continue to pay the mortgage until it is paid off.  You can also sell it when you wish.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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