How do I buy my mother's house after she died without a will? - Estate Planning Law Questions and Answers- LawQA.com

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How do I buy my mother's house after she died without a will?

My mom recently died without a will. My sister and I have been named administrators of her estate, and have been living in the house before (and since) her passing. My sister and I would like to have the house put in my name so that I can refinance the mortgage and keep it (we'll both be living in it). My mom's estate is insolvent, and the mortgage on the house is by far the largest debt owed. The credit union won't/can't proceed, however, until they have the proper documentation that the house is in my name. How do I proceed?

Answer By Dean T Jennings
DEAN T. JENNINGS, P.C.
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Deed the house to you or deed it to you and your sister then have your sister deed her interest to you. As court appointed administrators of her estate, you can transfer title with a Court Officer's Deed to make distribution.

Answer Applies to: Iowa
Replied: 8/20/2012


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You need to consult with an attorney and have your mother's estate probated without a will. You need a court order from the probate court placing the property in your name.

Answer Applies to: California
Replied: 8/20/2012


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You would have to probate the home and buy it out of probate to get marketable title. If the home is upside down, you will need the bank's consent to purchase for less than the debt owed.

Answer Applies to: Nevada
Replied: 8/20/2012

Answer By Frances Headley

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The property will have to be probated to get it into your name. You should consult a probate attorney about how to proceed.

Answer Applies to: California
Replied: 8/20/2012


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You and your sister must deed the property to you as personal representaitves of the estate, But if the estate owews creditors they have a right ot the proceeds of house,you need to see a lawyer.

Answer Applies to: Michigan
Replied: 8/20/2012

Answer By Jay W. Moreland
Jay W. Moreland, P.A.
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You need to set up an appointment with an attorney. It is likely that the home was your mother's homestead. If so, you would need a court order that establishes that. The homestead passes by operation of law to your mother's heirs (likely you and your sister). If it is not homestead, the property will have to pass through her estate to you and your sister. In either case you will need an attorney to help you with this. Once the property is in your name and your sister's name, the credit union should be willing to deal with you.

Answer Applies to: Florida
Replied: 8/20/2012

Answer By Brian Haggerty
Minor, Bandonis and Haggerty, P.C.
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This is actually a fairly complex question. I think you can do this, but not with a generic approach from a website. If you don't have a lawyer helping you with administration of the estate, I recommend getting one to help you work through this mortgage issue.

Answer Applies to: Oregon
Replied: 8/20/2012

Answer By Eric Smith
The Law Office of Eric J Smith
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Speak to a local attorney or title company. If you are in Texas, you may still need to do a determination of heirship, or you may be able to get by by having 2 uninterested persons familiar with the estate swear out affidavits of heirship and file those affidavits in the county deed records. One of those processes will transfer title from your mother to her heirs. Then the heirs must execute deeds transferring their interest in the property to you. When you are the sole owner of the property, the credit union will be able to renegotiate the mortgage with you, but they are not required to do so.

Answer Applies to: Texas
Replied: 8/20/2012

Law Offices of Gerald A. Bagazinski
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You should contact an attorney and have a personal representative's deed prepared. The attorney should order title insurance. If the property is underwater, I would suggest a short sale or loan modification.

Answer Applies to: Michigan
Replied: 8/20/2012

Horn & Johnsen SC
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You should work with a probate attorney and a title company to purchase the house from your mother's estate. Your mother's mortgage should be paid off, a new mortgage should be issued to you, and a deed transferring the property to you (signed by you and your sister, as administrators of the estate), should all be handled at closing.

Answer Applies to: Wisconsin
Replied: 8/20/2012

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