Q: If family failed to go to probate and I took over the mortgage who's property is it now? I've paid on it the last 5years
The seller does not want to put the papers in my name but she takes my payment every month. And I pay the taxes yearly.
A: The property belongs to the probate estate, however, you can and should submit a Creditor's Claim to the personal representative on the proper judicial council form. The Personal Representative will have the opportunity to either consent or object to the creditor's claim. If they object, you will need to file a lawsuit to recover your contributions to the estate. Good luck with this.
Yelena Gurevich agrees with this answer
A: Who owns the real estate does NOT depend on who pays the mortgage. The only way the property can be transferred is through Probate. Here’s why: any person who gives up their interest in real estate MUST sign the deed in front of a notary to show that the person is voluntarily and knowingly giving up their property. So, if a person wanted to sell his real estate to another person, the seller would have to sign the deed. But, in your case, the owner/“seller” is deceased. As a result, unless there is a valid will that names an executor, no one has legal authority to sign on the owner/seller’s name. Powers of Attorney become void when someone dies, so those are not helpful for this problem. Thus, in the absence of a valid will, the only way to receive legal authority to sign someone else’s name is for a judge to give that authority to someone in a court order called “Letters”). Anyone can start the Probate process and apply to be the person in charge (called an “Administrator”, when there is no Will.). But there is a filing fee around $450 that will be reimbursed down the road. So, if no one in your family has filed a Petition in Probate, you may want to do so. Best wishes!
If a property owner passes away without a will and the estate does not go through probate, it can create complications regarding ownership. Generally, when someone takes over mortgage payments on a property without going through the proper legal channels, it does not automatically transfer ownership. It's important to consult with a qualified attorney who specializes in real estate and probate law to understand your specific situation and the applicable laws in your jurisdiction.
If you have been making mortgage payments and paying property taxes, it may demonstrate a level of financial responsibility, but it does not necessarily grant you legal ownership of the property. The seller's unwillingness to put the property's papers in your name raises concerns and suggests that proper legal procedures may not have been followed.
To clarify your rights and establish legal ownership, it is advisable to seek legal counsel. An attorney can review the relevant documents, assess your payment history, and guide you on the best course of action. They can also help you explore options such as filing for probate, negotiating with the seller, or pursuing other legal remedies that may be available to protect your interests.
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