Q: My mother died without a will. She had three children that she wanted to leave the house to. Will we have a problem
Getting deed in one of our names? We have lived in the home for years taking care of mom until she recently died without a will. We want to pay the mortgage and continue to live in the house. What do we need to do?
A:
I’m sorry to hear of your loss. Assuming there is no surviving spouse the children are first in line after the creditors.
That means the mortgage needs to be addressed but intestacy law (the ‘will’ the State has written for people who don’t write their own will) means you shouldn’t have issues.
That may be an issue however as banks often are difficult to work with and the ‘underwriting standards’ for getting a new loan still apply.
The probate process is detailed but not ‘difficult’ and I’d strongly urge you to consult with a local attorney ASAP to insure you set yourself up to meet all the appropriate deadlines and file the right paperwork to make the process go smoothly.
Good luck.
This answer is not legal advice and does not create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek Local representation if you have further questions.
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.
