death,house,no will,now what?

Question

My mother purchased a house with the help of my ex-
ex is no where on the deed or any paper work pertaining to the home
ex is a loan officer w/own mortgage company
mom left me as beneficiery on everything except home(as far as I know)
ex says he'll handle everything w/house has keys ect.
what should i do?
Is there a way that the house could be mine?

Thanks for the help to add on
ex was the initial mortgage holder and re invested his fees then sold loan to another lender. fees he says total around 12,000
so if mom had mortgage insuance what does that do?

Answer 1

Okay, first of all, despite the fact that she is deceased, your mother is still the Owner on the Land Records.

For that to change, you need a document from the Probate Court.

Without a Will, they will determine who owns the house according to the state Laws of Intestacy.

Assuming she is divorced or widowed and she had no other children, you get the house.

HOWEVER.

Probate Courts are courts of equity and are empowered to do what they need to to be fair. If your ex can establish that the home was bought with his money, he can make a claim against the estate, and you have to admit it doesn't seem likely that he intended to buy you a house when he did something nice for your mother. Whether or not he gets anything depends on far too many factors to go into, but neither of you get anything until it goes through Probate.

Unless his name actually is on a document that you don't know about, and if he works in Lending, he probably knows better than to do what you described.

Answer 2

Since your mother died without a will, you have to go through probate. You can be appointed administrator and pay the mortgage off with your mother's funds if she didn't have mortgage life insurance.

The lender needs to be paid off before the house is yours.

You aren't really clear about what you mean when you say your ex wants to "handle everything"? Is he offering to sell the house for you? Go in and shut off the water valves, empty the fridge and other stuff to make sure the property doesn't get damaged? Just what is it he wants to do?

Answer 3

Phoenix is correct and he has right to enter the home. Change the locks ON the home today. probate your mothers estate with the help of an atty. If he is not on the note or the deed of trust he is not entitled to any part of the estate. If he enters the home after you change the locks have him arrested. Make DARN sure he is NOT ENTITLED on the property in any way. Have a title search done by a title company today as well to prove he has NO RIGHTS.

Answer 4

If there was no will, how do you know you are the beneficiary of everything except for the house? It doesn't make sense. Everything ought to be probated. You should hire a probate attorney (without telling your ex). It will cost you money. So it's really up to you. If the house was 100% financed a year ago, it probably not worth doing so.

Answer 5

Well, the house isn't your ex's.

If you are the only next of kin, then all your mother's property will go to you, unless otherwise stated in the will.

I suggest you call a lawyer to handle your mother's estate.