If my dad died without a Will and my mother never took his name of the mortgage, can I go to the probate office and put my name on the title and refinance the home in my name?

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If my dad died without a Will and my mother never took his name of the mortgage, can I go to the probate office and put my name on the title and refinance the home in my name?

He died 5 years ago.

Asked on February 21, 2013 under Estate Planning, New Jersey

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

Depending on how your mother held title with your deceased father, your mother may have survived to the residence, or a portion thereof (her community property interest) and you therefore are not entitled to a interest in the property. If you think otherwise, then seek probate counsel to assist you to file a petition into probate court to have you designated as an heir.


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