If my parents did not have a Will and my father died, what do we have to do in order for my mother to retain rights to the house?

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If my parents did not have a Will and my father died, what do we have to do in order for my mother to retain rights to the house?

The house is their only asset. The deed originally had both their names on it but they took out a loan on the house, solely in my father’s name. She (they) still owe $30,000 on the loan. Does she still own the house, or do we have to go through probate and show that the children (3 of us) do not contest her keeping it? And, since there is still money owed, does anyone really own it (besides the bank)?

Asked on March 30, 2013 under Estate Planning, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to look at the deed to the home to see if your mother's name is on it. If so, then she files an affidavit as the successor owner and records it with the county recorder's office. I suggest that she consult a Wills and trust attorney to review the deed to the home and advise her as to ownership. From what you have written, she seemingly is on title to the home but may not be obligated personally on the loan. However, the loan is most likely a lien on the home.


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