Seneca, SC asked in Probate for Alabama

Q: My husband passed away unexpectedly this past October. He already had the home in which we lived and I am currently

living in..The home has a Morgage and he has no children only divorced parents.what actions do I need to take to keep my home?

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1 Lawyer Answer
Jack T. Carney
Jack T. Carney
Answered
  • Probate Lawyer
  • Birmingham, AL
  • Licensed in Alabama

A: I am really sorry for your loss. Under Alabama law, it sounds like you would be your husband's next of kin (assuming he did not have a Will). As such, you are entitled to take the home as your inheritance from his estate. The most important thing that you can do to keep your home is to continue to make the mortgage payments or contact the lender and negotiate some type of arrangement for payment. The lender will eventually want you to refinance the home (after getting it into your name). There are a couple of ways to get the property into your name and a local attorney can help. However, the first step is to make sure you can continue the mortgage or work out an arrangement. Otherwise, you may find yourself in foreclosure. Good luck.

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