Q: My parents passed with no will and the house still has a mortgage. How do I get the title in my name? I want to sell it.
The house is currently in the foreclosure process but the attorney for the mortgage company said I should still have time to try and sell. How do I get the house put in my name? What documents will I need? Should I get a lawyer?
A:
First and foremost, I am very sorry for your loss.
As for the house, even though your parents did not have wills, you can start a probate action to be appointed the personal representative of each of their estates. As personal representative, you will have authority to offer their home for sale.
There are other issues that will affect this process, such as how long it has been since your parents died, whether you have siblings and whether they will agree that you be appointed Personal Representative. You should absolutely contact an attorney to discuss all of this. The attorney's fees are generally paid from the estate.
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