Q: Dad died 4 years ago with no will and a mortgage in Tn. Can I just keep making the payments or do I have to refinance?
I’ve kept the payments current but would like to be on the title for insurance claim if needed in the future because the house is older and my mother ( his divorced wife) still lives in it. The bank will not speak to me about it without a letter of testamentary. Do I need a lawyer or will the court grant me the letter with proof of relationship? I also have a brother but he is not interested in the house and said he would sign whatever needed to exclude hisself as heir to it and 2 deceased sisters. Of their children 1 is a minor and the other is unemployed with no means to pay a mortgage and probably not interested either.
A: If he died without a will, you are going to need a lawyer to make sure all the other heirs sign and convey their shares over to you. If they won't do so, then I would not keep paying the loan if I were you. The bank/lender probably won't care about the death as long as the payments are made on time. However again, simply making the payments won't make you the owner- the other heirs will need to sign, and since one of them may be a minor, you will likely need to get court approval for that transfer. Don't try to do this without a lawyer.
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A:
You need a Title Search, an Affidavit of Heirship, and a Quit-Claim Deed from the other Heirs, subject to the Deed of Trust. If some Heirs are minors, then you must seek Chancery approval of the Conveyance of a Minor's Interest, which will involve another lawyer (Guardian Ad Litem). Hopefully there are no minor Heirs. If so, then it may be best to walk away from it or purchase it at the Foreclosure Sale. Remember that the
Bank does not owe any of you Notice of the Trustee's Sale.
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