If my Mother passed without a Will, what do I do to transfer her home into my name?

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If my Mother passed without a Will, what do I do to transfer her home into my name?

My mother and I also lived together but the home is in her name. It has been 2 years since she has passed. I have continued to pay the mortgage and all of the other bills. Can I be put out of this home even if I have been paying the mortgage?

Asked on November 15, 2012 under Estate Planning, Maryland

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss. If your Mother dies with out a Will then she is said to have died "Intestate" the intestacy Laws in your state will apply.  If you are the only heir to her estate - if she died with out a spouse and you have no siblings - then you would most likely inherit under the intestacy laws.  You would need to be appointed as the Personal Representative of the estate and then transfer the property in to your name via Executor's deed.  That is very simplified.  Please get help.  And as long as the mortgage is being paid and there is an heir the loan will not be called in.  It is an exception to that clause in the loan.  Good luck.


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