Q: A Dad had a lawyer draw up a will and signed the house deed over to his only daughter before passing. Is probate needed

A: Whether or not probate is needed will depend on the assets left in Dad's name at his death. If he really deeded his real property to his daughter then that asset should not need a probate. However, there could be other assets in his name that do not have joint owners or beneficiaries named. Also, it can be common to misunderstand Deeds so it is possible that the house wasn't really deeded to the daughter. I recommend that daughter contact a probate attorney for assistance.

A: The daughter will need to take the Will and the deed to a lawyer and discuss the situation before it can be determined if any further action is needed. Hopefully the deed was a transfer on death deed not just any type of deed because there is big different in tax consequences. Daughter will probably have some problems with taking over the mortgage as the mortgage company will probably not recognize her as taking over. (You will need to get a hold of the original mortgage documents and read all the terms to see if there is a provision that allows a family member to take over the payments when the primary borrower dies. There is typically some policy for the spouse of a decedent to take over paying the mortgage but I don't know if there will be something for an adult child.) If she has a way to make the payments the mortgage company will probably cash the checks but they won't talk to her or give her any information on the loan as she is not technically listed on the loan (unless her father set something up before he died that allowed her to communicate with the mortgage company or maybe she knows the passwords to check the account online.) Do not alert the mortgage company or the bank where the father banked of the father's death before you go and see a lawyer and discuss the situation. Sometimes it is much easier to continue to run things as through the person who died was still alive provided you have a way to access their bank accounts and other financial accounts. Make an appointment to talk to an Attorney. (If the daughter can't afford to pay the mortgage then she should consider selling the property before the mortgage goes into foreclosure and get as much equity out of the house as she can. A probate Attorney can help her figure this out and it may be possible to sell the proeprty without a probate.)