Q: My husband died, he was listed on the mortgage, he left the property to me in a will, how do I transfer the property?
Do I use a survivorship form?
A:
It depends on how the property is titled. If you and your husband are reflected on the Deed as "Joint Tenants With Right of Survivorship" you are now the sole owner and an affidavit of termination of Joint tenancy (or your state's equivalent) is probably all that is needed. If your husband was the sole owner (or if the two of you were Co-tenants or Tenants-in-Common), you'll probably have to begin probate proceedings to pass the property's title to you. (You''ll have to figure out how to handle the mortgage; they may let you assume the note and mortgage and take over the payments). Take your husband's Will and the Deed to the property and consult an experienced probate lawyer in your state. Many offer free initial consultations. Good luck.
PS: My comments here are for general information only and are not legal advice about your specific situation nor do they create an attorney-client relationship between us. Consult an attorney in your state for legal advice.
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