Intestate Deed Transfer?

Question

Dad passed away leaving no will. His name only is on title of house. Mom is sole beneficiary.
Paper work has been approved.

How does she get her name on the title? There is still mortgage on the house, so can she even get the title transfer or does she have to do something through the mortgage company? Is it better to pay off the mortgage now for her piece-of-mind?

Please advise.

I called the land records division like you suggested and they said that I can prepare a new deed with my mom's name and bring the paperwork to show that the transfer is valid.

My next question is is better for settlement company to do this or go to a lawyer?

Answer 1

The debt is supposed to be settled by the estate, whether thats by sale or a refinancing of the next of kin. Check with your state and consult an estate lawyer to make sure its done right or the bank will swoop in and take its assets

Answer 2

my condolences on the loss of your father.


the executor or personal representative of the estate will first transfer the title from the deceased to the estate and then from the estate to your Mother. in some states, it might be a bit different and it can be done. ask at the courthouse or clerk's office where deeds are recorded if necessary.

nothing needs be done about the mortgage ... it continues in force as is. your mother now makes the payments is all.

deciding whether to pay it off or not is a financial question, not a legal or property question.

executor might send a letter to the mortgage company telling them of the death and transfer so they can address the correct person in the future, if needed.

GL

Answer 3

She needs to find out if the property needs to go through probate, and she will most likely have special protections as your spouse.

Tell your mother to take the Death Certificate along with her marriage certificate to the county office to get the title changed in her name.

It is CRITICAL that your mother make this step...our family had a property where my grandfather died, the house was in his name, then my grandmother died (and didn't transfer the property in her name), and my mother maintained the property until she died...and guess what we have? A property that we cannot sell b/c we cannot transfer title....so we just stopped paying the taxes on it and there it sits. (I was about 4 years old when this all happend...not my fault!)