Q: my mother passed away and left her home I have two other brothers and you didn't want the house so they gave they signed
Quick Deeds so I can file the house into my name but there's still a mortgage how do I remove the executor off of the estate without going through probate so I can assume the loan
A:
I think you mean they signed 'quit claim' deeds. Regardless, if the house was left in a will or otherwise did not pass directly to you, you will need to have the executor / personal representative assign the house (and the mortgage) to you (or to all the siblings -- however the will is written) and THEN file quit claim deeds and begin renegotiating the mortgage.
There isn't a 'short cut' that can avoid probate unless things were put in motion before your mother died.
It sounds like you and the executor need to speak with a local attorney to insure this is done properly. Don't try to be penny wise and pound foolish and do this without advice/legal help. You may lose the house if you try that!
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
