What happens when a mortgage holder dies and the beneficiary is his life partner who lived in the home with her children?

UPDATED: Mar 29, 2013

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What happens when a mortgage holder dies and the beneficiary is his life partner who lived in the home with her children?

Does the property automatically transfer to her upon the court accepting the Will. Does she need to refinance the loan or can she continue to make payments on the current mortgage. Her name is not on the mortgage.

Asked on March 29, 2013 under Estate Planning, Massachusetts


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A mortgage is a lien on the property and is not a document as to title. If the person who owns the home dies, title to the home goes under any joint tenancy agreement to one who is named in the deed, and if not, then under any Will or trust as to who is named as to get the property. If the life partner gets the property you have written about, she can continue making payments under the mortgage.

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