What to do about a mortgage and a deceased mortgage holder?

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What to do about a mortgage and a deceased mortgage holder?

My uncle was the mortgage holder on a piece of property my husband and I purchased. In his Will, he cleared the mortgage leaving the property to us. The Will is in probate now. When should we expect to receive a cleared deed on the property? Also, upon his death, and according to the terms of the Will, should we have continued at make our mortgage payments?

Asked on September 27, 2012 under Estate Planning, Alabama

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Title to the property that you inherited from your uncle will be set forth via a court order setting forth the final distribution of your uncle's estate into your and your husband's name. When such is completed, you need to have a certified copy of it recorded on the parcel that you and your husband were given. Such allows for the transfer of title into your names.

Whether or not you were required to continue making payments under the mortgage of the parcel that your uncle gave to you depends upon what is stated in the Will. If there is no mention of you stopping the payments then you should continue making them to the estate until title is placed in your and your husband's names.


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