Am I legally obligated to pay on a loan that my Mother aquired prior to her death.

Question

Mother passed 12/08.  I have lived in my parents home since then being a full time caregiver to my Father.  My father has always called this loan a mortgage, because my Mom used the money to buy this house. I believe It was a personal loan to my Mother only.  I cannot find the paperwork, and the loaner is not cooperating on giving me the paperwork.  I have done a title search and lien search etc. on  the house.  My Dad is listed as sole owner and a Deed in his name, there is no mortgage or lien filed anywhere.  He has left me the house.  I have contacted Probate and we do not have to go through probate court I can transfer the title on my own.  My question...  Am I at all liable for this loan?  My Mom passed and left no estate, my Dad is now gone and the only thing he had to leave was this house, that I have been living in for 8 years.  I would also like to know if my father was liable for the loan at all?   Thank you

Terrence H Thorgaard · Answer

Whoever you talked to at the probate court was mistaken (or perhaps misunderstood what you were asking); probate is required to transfer title to real property from a decedent's estate (such as your father's) to an heir such as you.   
 
It appears that the loan was not properly documented, and is thus unenforceable by the person who loaned the money. 
 
But at any rate you are not obligated.  But as noted you would have to probate the estate to get title.  At that time, the person who claims to have loaned the money would have the right to make a claim against the estate.

Terrence H Thorgaard · Answer

When I wrote "the person who claims to have loaned the money would have the right to make a claim against the estate.", I didn't mean to suggest that the claim would be successful.  It probably wouldn't be.

Q: Am I legally obligated to pay on a loan that my Mother aquired prior to her death.