Q: Our landlord just died, no will. His sister wants no expense of a second home; she thought of transfering mortgage to us
The sister and brother are only heirs, the brother wants nothing. The sister said the landlord talked highly of us, she cannot have the expense of a second mortgage & she would like us to have the home yet needs to figure out the mortgage. She had asked us to keep depositing our monthly payment in his bank account so the mortgage doesn't default; yet for us we don't see how it will benefit us if we pay off his mortgage, without having our name anywhere connected to the mortgage or home. We do love the home so are willing to stay, just not sure of how to go about any thing.
A: A probate case may be necessary in order for the heirs to convey title to the property. If you have the cash or could get financing to pay off the mortgage, the transaction is fairly simple for an attorney to handle.
A: You ABSOLUTELY need to hire your own attorney to help insure you're not 'throwing good money after bad' here. Just because there are siblings doesn't mean they can control things without probate, and unless and until someone is appointed as personal representative they don't have authority to make any deals with you.
The mortgage company likely won't deal with you and the siblings don't have authority to deal with them either at this point. If the sister and/or brother aren't opening probate, YOU may have authority as an interested party, under some circumstances but that can be tricky, and isn't always the best course of action.
1) Don't pay anything into a deceased person's bank account!
2) Consider setting up an 'escrow account' for your rent
3) Hire your own attorney to get specific advice about how to do the above properly and to best protect your interests.
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
A: Well you can continue to pay under the lease as if the Landlord had not passed. However, if you like the home, as the landlord's heirs are willing to sell it to you, go get a mortgage, or at the very least have a new sale agreement drafted. But before you do anything, the title to the home will need to be transferred to the landlord's heirs. Hopefully the landlord died with a will.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.