Q: My mother passed away recently. She left me her house to me which has a mortgage. She had $30,000 cash.
I have been paying the mortgage for her for years and the cash is to be split between 3 children. Do I need to go through probate? What should I do with the mortgage company? Do I need to let them know or can I just continue to pay the mortgage? There is a will in place.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Tennessee
- (931) 250-8585
- View Profile
- Answered
A:
You should contact the lender and let them know your mother passed and you are the successor in interest, so that they will start sending the monthly statements to you. (They will require a copy of your mother's will, at a minimum. They might also require a final order of distribution or recorded affidavit of heirship.) You should know that you do NOT have to assume the loan in order to be recognized by the lender as successor in interest.
You will need the help of a probate attorney to get the house retitled (put in your name) and to properly distribute the cash according to your mother's will and applicable law. There may also be other assets (there usually are) that need to be collected and distributed.
The cash might need to be used to pay creditors, attorneys fees, court costs, publication fees, and to pay a CPA to prepare final tax returns. If the cash is not enough to pay these things, the house might need to be sold.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
