Q: Do I need to go through probate if my mother does not have a will?
My mother bought a house about two months ago. My sister lives with her. My mother passed away a couple of days ago. My mother did not have a will. My sister want's to pay me $2000 dollars and continue to live in the house and she plans on making the payments on the house. My concern is if my sister cannot make the payments at some point will I be responsible for delinquent payments since the house is half mine. Or should I go through probate to legally transfer ownership to my sister.
A:
The house is not 'half' anyone's until probate is completed. If the house were owned SOLELY by your mother, it is now up to her estate to pass title to her heirs.
However tread carefully!
There is probably a 'due on sale' clause meaning when the Estate tries to transfer title the whole mortgage will be due immediately. Indeed, some banks interpret the passing of the house to the Probate Estate as a 'material change' triggering the due on sale clause!
Seek local legal help to determine when if and how to begin the probate process and go from there. If your sister also wants to investigate what it will take to refinance the home, that might be a good thing to do now too.
Bottom line: Seek local legal help!
--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!
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