Harlingen, TX asked in Real Estate Law for Texas

Q: My mother passed away recently. In her will she left her house to me. There is still money owed on the mortgage.

What should I do about claiming the home? I am making the mortgage payments now but would like the home put in my name.

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery

A: Unless the Will is filed for Probate, it has no effect. If you are the only heir, then a recorded Affidavit of Heirship would give you a source of title. But if not, then either Probate the Will or share ownership with the other Heirs. If the Note is not paid, Foreclosure will occur against the property.

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