Ludington, MI asked in Estate Planning, Real Estate Law and Probate for Michigan

Q: Mom had a mortgage and died recently. No will I'm the only child being made Executor. What are options keeping the home.

Am I able to assume her Mortgage and keep making the payments or am I required to sell the home and land. I want to keep the property and can make the payments. But I don't know how the process goes and am feeling overwhelmed.

2 Lawyer Answers
Thomas. R. Morris
Thomas. R. Morris
Answered
  • Farmington Hills, MI
  • Licensed in Michigan

A: You can keep the property and continue making payments. Federal law, 12 USC 1701, invalidates a due-on-sale clause in this instance. You may want to confirm this with the lender because, although I believe this law to be applicable, there may be facts of which I am not aware.

Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered
  • Estate Planning Lawyer
  • Knoxville, TN

A: With no Will probated, you are not an executor. You are probably the sole Heir and Next of Kin of the Decedent.

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