If my grandmother passed away and left my dad a house but the mortgage is in my uncle’s name, does that override the Will?

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If my grandmother passed away and left my dad a house but the mortgage is in my uncle’s name, does that override the Will?

Now we find out that the mortgage was in my grandmother’s and uncle’s names.

Asked on January 22, 2015 under Estate Planning, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The issue is not the mortgage itself, but who was the house titled to? If your uncle was on the home's title--which is very likely if he was also a mortgagor--then the home would most likely be his, since in the common way that two people own a home together, there is a right of "survivorship"; that is, when one person dies, the home then becomes the sole property of the other.


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