Pryor, OK asked in Estate Planning for Oklahoma

Q: If i die and leave a house with a mortgage to my son, can he sell it?

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1 Lawyer Answer
Tyler R. Barrett
Tyler R. Barrett
  • Estate Planning Lawyer
  • Norman, OK
  • Licensed in Oklahoma

A: Assuming the house is titled in your name alone (and not a trust or joint tenancy), then your son would have to probate your estate in state district court in order to sell the house. In the event that the mortgage was not paid off at the time of your death, the bank could theoretically foreclose on the mortgage. However, they are would be unlikely to do so provided that payments continued to be made. Your son could sell the house in probate and receive the leftover proceeds after paying off the mortgage.

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