Q: Mom and I purchased property together (house and car). She died unexpectedly, no will.
I need to make sure that I don't have any problems holding on to the property because while the deed to the house is in both of our names, the house is not yet paid for. The mortgage was in her name only, and the vehicle (which I gave her the money to purchase) was in her name too. I live in the house and I have the vehicle as well. What if anything do I need to do?
A: You have not stated what the exact estate created in the Deed is. It may be Tenants In Common, LE/REM, Jt Tenants w/Survivorship, etc. It is doubtful the Deed of Trust is in her name only as mortgagor. You probably either own the home or own 1/2 subject to the Deed of Trust, which cannot be determined upon what you have stated. Most County Clerks will not give you a hard time if you transfer title as the sole next of kin on the car. If there was a spouse or other siblings, etc., then they may want their share. Otherwise do not file Probate unless there are properties you cannot get into without the Court. Then you file a Small Estate Affidavit.
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