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My mother died two years ago with no type of will whatsoever. Her house still has a mortgage that is paid on time by me and my siblings. Upon loan payoff, what needs to be done to secure the deed in all three of our names?

2007-03-26 08:07:11 · 4 answers · asked by optimo 1 in Business & Finance Renting & Real Estate

4 answers

Typically, these things must be handled in a will. Since there isn't one, despite the fact that you're paying off the mortgage, you may want to talk to a real estate or family lawyer to find out how to settle all this. It's usually worth the money, especially if you decide to re-invest in the property later.

2007-03-26 08:12:35 · answer #1 · answered by knight2001us 6 · 0 0

You will need to go to the probate court in the county where she lived and have the estate probated. This basically amounts to publishing her death in the paper for a certain number of days and asking anyone who has any leans against the estate to come forward within a certain number of days. At the end of that time, if there are no other claims the judge will rule that the property and any other assets will be divided equally among you and you can change the deed.

2007-03-26 08:19:07 · answer #2 · answered by don n 6 · 0 0

You need to probate her estate and have an adminstrator appointed to distribute the estate. Or, in the alternative, file a petition with the probate court stating that no adminstration is necessary and that you've agreed on how to distribute the estate. All debts (other than the mortgage) have to be resolved and you'll all have to sign the petition and an affidavit. Go to the probate court of the county of your mother's residence with her death certificate and ask for the proper paperwork. Also, if she was married at the time of her death, her spouse is also an heir at law.

2007-03-26 08:13:36 · answer #3 · answered by lawmom 5 · 1 0

A call agency can help with this. fairly a registered letter is sent to the guy and an volume of time passes without reaction. That loss of reaction will enable the call agency to petition a court to eliminate the guy's call as disinterested in the valuables.

2016-12-08 11:45:13 · answer #4 · answered by mento 4 · 0 0

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