If my mother died without a Will, what should I do to get the title to the mortgage in my name or my sister’s name so we can maintain the homeowner’s insurance on her house?

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If my mother died without a Will, what should I do to get the title to the mortgage in my name or my sister’s name so we can maintain the homeowner’s insurance on her house?

The only things she had was a car she owned and a mortgage on a home she lived in with me and my sister. We were told by a lawyer over the phone that since her estate was not large we did not need to go through probate. Now her insurance company is canceling the homeowner’s insurance that is required by the mortgage company. I am afraid that they will force foreclosure and me and my sister will be left homeless. We have been paying for it since our mother died. We would also like to get title to the car.

Asked on January 7, 2015 under Estate Planning, North Carolina

Answers:

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

Answered 6 years ago | Contributor

I am so sorry for your loss.  Home owners insurance is personal to the property and person who secures it.  But if you and your sister inherited the property under the law then you can secure insurance from a new insurer.  First you should have the deed transferred to you as "heirs at law" and then file same.  Contrary to popular belief this does not call in the mortgage.  It is an exception to the "due on sale" clause that is contained in most mortgages.  Once there is a deed then you can secure the insurance.  If you continue to pay the mortgage until the end of the term the house is yours free and clear.  If you decide to sell it then the new owner's purchase will pay the rest of what insured.  Get help.  It is not that bad.  Good luck.


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