What to do if my mom recently passed but still owes on her mortgage?

UPDATED: Mar 9, 2015

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What to do if my mom recently passed but still owes on her mortgage?

My sister is the only other child. Mom’s name only on the deed . She also has credit card debt. Can I pay off the mortgage and keep or pull the house out of pprobate and take ownership if my sister signs off on it ?

Asked on March 9, 2015 under Estate Planning, Ohio


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

Answered 7 years ago | Contributor

I am so sorry for your loss.  So I am assuming that you have already started probate, correct?  Either way you can not "pull the house out of probate" in order to transfer it to you.  It must be part of probate.  However, inheriting a house and transferring the deed because of that inheritance  is an exception to the "due on sale" clause of the mortgage.  In other words, you can continue to pay it off while even tough it remains in your om's name and until it is satisfied and not worry about refinancing same in to your name even though the deed is in your name.  Good luck. 

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