My dad passed away recently ,we passed away 1 month after marrying my mother due to a heart attack,he did not leave a will and the house we live in was only under his name .Currently we are still doing payments on the house but are looking to change the name on the house papers so that it can be put under my mother.we have talked to the bank which owns the house currently until we finish paying it .They have told us to seek a house or real estate lawyer ,since my father did not leave a will they can not change the name but are helping us look for options.The house is valued around 75k .What options do we have to change the house name ,who would we have to speak to and what type of process would we go threw?My mom has slim credit and I am not sure if the bank would transfer the house over her .We have talked to some lawyers and they hve told us as long as we keep paying the house payments we can live in the house,I was thinking is there any way I can buy the house once it’s relisted for sale ,We are really confused and worried and don’t know how to deal with this .Please let me know if there is any for sure solution to something like this
Answers & Comments
LAWYER!
She would have to get the deed transferred to her name. She should be able to do that with the marriage certificate showing she is the wife and his death certificate. Once the deed is changed, you can refinance the house to get the mortgage in her name. The mortgage will not change names on an existing mortgage since your mother would need to qualify for a loan. You can just keep paying the one in his name.
Get a lawyer...this is going to be a tricky situation.
It can be done...
His estate needs to be probated. Then whomever inherits the home can get their own mortgage and satisfy his, and change the title.
You can keep paying, but in the end, the estate must be probated.
His estate needs legally probating and the probate court will appoint an administrator and deal with who inherits his estate
She first has to file his estate in probate court and "his" heirs will have to be notified of his death. Since the house is not "joint" property - it was his sole & separate property before the marriage, the court will decide what will be done with the house. Until the Probate Court decides who is entitled to the house, she cannot have it put in her name. And you can't do anything about it. You are not in line to inherit anything.
will have to go through probate court,
you need to talk to a lawyer about all this, there rnight be a way to do this
You will first have a "probate" were the court makes all the decisions about who owns what. At that time the court will probably allow the property title to be changed into your mother's name. But that will take a court order.
It is possible that other parties, like ex-wife or children of a previous marriage could have a claim to a portion of the property.
Your mother should hire a probate attorney to handle the changeover in court.
lawyer time