Q: Do you have to go though probate if your name is on a deed but not on the mortgage? Person that had loan is deceased.
We want to eventually pay off the house but have it under mine and my sister"s name. Is probate avoidable? Our mother recently passed. I know she has debt and I don't want to rock the boat. The mortgage co. said we can keep paying, but what happens in the long run? It can't continue to be in her name. I can't lose my house. I have two kids, one with a disability and I'm afraid.
A:
If your name is on the Deed with your mother you should have an attorney review the Deed. There are two ways for people to own Oregon properties. One with survivorship and one without. If you have survivorship then the house is yours and all you need to do to clear the title is record your mother's Death Certificate. If you do not have survivorship 1/2 of the house might need to go through probate. Your mother's Will would control who receives her share of the house.
If your name is not on the Deed with your mother then a probate will be required and the house will be controlled by your mother's Will. It's possible that the title company will allow you and your sister to assume the mortgage.
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