Staten Island, NY asked in Probate for New York

Q: father passed away 2 years, no living will, ive been paying mortgage, havent notified bank, worried i'll lose the house.

My father passed away 2 years ago, and did not leave a willing. My two older siblings and I have been paying the mortgage in his name. We are worried that if we do, the bank will take away the house, because its not in our name. What are your suggestions on this matter, how should I proceed and what are the laws about deceased parents leaving no wills?

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1 Lawyer Answer

A: First, pay the mortgage if you want the house. The bank will take money from anywhere. Just pay. To transfer title, subject to seeing the current deed, you are going to have to form an estate for your father, get Surrogate Court letters, and then do a deed to the three of you.

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