Irving, TX asked in Estate Planning, Probate and Real Estate Law for Texas

Q: My mother and brother are both disabled and live together in Texas. Mother is very I'll and we are trying to plan

There is a mortgage on the home and both are on it but my mother wants to leave her half of the interest and equity to me. Is this possible with a mortgage debt still on the home?

1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN

A: Yes, your mother can leave her half to you even if the home has a mortgage on it. If she does that, then after she passes you and your brother will need to keep making the mortgage payments on the house lest the bank foreclose. In the end, you and your brother will probably end up selling the house and splitting the proceeds that remain after the mortgage is paid, or one of you might end up buying out the other. An estate planning attorney can help you mother plan her affairs. A probate or trust administration attorney will be needed after your mother passes to help you get the title updated. A real estate attorney can help you sell the house or sell your share or buy your brother's share. There are many attorneys who are capable of doing all of the above.

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