Q: Is my grandmother the sole mortgagee of the house now?
My grandfather passed away. He and my grandma were the two mortgagors (borrowers) to the home my grandma lives in now. The house is in CA a community property state, however the house is not paid off. What do we have to do to ensure she keeps the house.
A: Nothing. If she was the borrower, she’s still the borrower. If the house was the collateral, the house is still the collateral. There’s not even the need to inform the lender of the borrower’s death. Just keep the loan paid current and everything will be just fine.
A: Keep making the house payments. If she's not on title, then you will need to open probate to have title transferred to her.
A: She will need to continue to pay the mortgage payments. Depending upon how title was held on the house, probate may or may not be required. If your grandmother does not have an estate plan already in place and current, now is a good time to seek assistance from an estate planning attorney to ensure that there is no probate required for her heirs, and that she has designated individuals to handle her financial and health care needs if she is unable to do so in the future. Your grandmother should consult a probate/estate planning attorney to confirm what needs to be done to transfer the house to her name alone, and to establish an estate plan that protects both her and her heirs.
Julie King agrees with this answer
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