Louisville, KY asked in Probate for Kentucky

Q: What does my mother need to do,does she need to go through probate?

My brother passed away suddenly with no will he was living in a home that my mother owned her name is the only name on the deed,but mortage is in his name only she was never added to the mortage.The mortage company is saying she has to go through probate before they can give her any information or access over the mortage. My mother wants to keep the home but needs access to mortage, no other assets at his time of death

What does she need to do,does she need to go through probate? They say the deed with her name is not enough she needs something from the courts. Thank you in advance

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Probate Lawyer
  • Crossville, TN

A: It is curious that the lender will not deal with the owner of the property, which leads me to suspect that your mother may not actually be the owner. First, you need to hire a real estate attorney or title company to research the ownership and verify who is actually in title. If she is the owner, provide a copy of the deed to the lender if you have not done so already.

If your mother is in title, the lender is obligated by law to provide information to her. Tell them to have their attorney look at 12 CFR 1024.38(b)(1)(vi), as published in 78 FR 10695 (Feb. 14, 2013).

Timothy Denison and Anthony M. Avery agree with this answer

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