What to do if my mother left me her home but both the title and mortgage are still in her name?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if my mother left me her home but both the title and mortgage are still in her name?

She passed 4 years ago and left me her home in her Will. We want to keeo it. There is a mortgage on the home that is in my mother’s name. We have been paying this. Now I would like to take my mother’s name off the home and the mortgage. Do we have to go through probate? And will they try to sell the home to settle the mortgage that is on it?

Asked on July 21, 2012 under Estate Planning, Oregon

Answers:

Terence Fenelon / Law Offices of Terence Fenelon

Answered 11 years ago | Contributor

It should be no problem getting title placed in your name.  You may have to go through probate, depending upon the value of the property and state law.  The mortgage, however, is atteached to the proerty, not necessarily the owner or title holder.  You would have to pay off the mortgage by refinancing in your own name or simply in cash.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption