When a mother passes away and does not leave a Will, to whom does their property go to?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
When a mother passes away and does not leave a Will, to whom does their property go to?
A friend of mine is currently living with his mother in a 4 bedroom home that was owned by their grandmother. Several years ago, she passed away and did not leave a Will behind. The house is still under a mortgage and they have been making payments on it for several years now, but have not gone down there to get the property put in their name. They expect to have it paid off in 3-4 years. When they pay it off will the home belong to his mother or will the home belong to the bank and they are paying it off for nothing?
Asked on November 13, 2010 under Real Estate Law, Oklahoma
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
As long as they are paying on the mortgage, the bank has no ownership rights to the property. As for your friend's mother's ownership interest, that's different. If his mother was his grandmother's only child she would have inherited the home upon the grandmother's passing. This is because when someone dies without a Will they are said to have died "intestate". Therefore, the intestacy laws of the state that she was domiciled in as of the date of her death would control. Typically, that would be to her spouse, if any, and any surviving children.
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.