What are my rights to my father’s house after his death if I’ve made the mortgage payments for 10 years?

UPDATED: Sep 30, 2022

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What are my rights to my father’s house after his death if I’ve made the mortgage payments for 10 years?

Mortgage payments are taken monthly from my bank for my father’s house. I’m the daughter. I’m concerned that upon his death creditors will try to take it to sell to pay his credit card debt. Instead of me inheriting the home, I would be out the last 10 years of house payments and a place to live. This is the only thing he owns. There is no bank accounts, cars or other property. A $10,000 life insurance to bury him. That’s it. Can this happen?What things should I be worried about?

Asked on September 20, 2016 under Real Estate Law, Texas


G.J., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Have you spoken to your father about the possibility of changing the deed to the home to your name? Or having him gift you the home before his death? I would seek a Trust and Estates attorney to help you figure out your options regarding this matter.

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