Q: My adult son died without a will. He had a mortgage on his home. Can the bank take the house, if I am able to take over
My adult son died without a will. He had a mortgage on his home. If I am named executor and am willing and able to take over his mortgage payments can the bank take the house if it's worth more than he owes?
A: I am sorry for your loss. When your son died without a will, his property passes by intestacy to his heirs at law. Those generally are his spouse, children, parents, if any. Their right to take is dependent on a variety of factors. If the mortgage payments are delinquent, the bank could seek to foreclose the mortgage, sell the house and have the proceeds applied to the debt. If there are any moneys in excess of the debt, it goes to the heirs. If there is an estate proceeding, the personal representative can take over payments, and deal with the house in the manner best suited for the estate. These is a very general response and dependent on a number of factors which are not in your narrative. You should seek the advise of an attorney to protect your or the heirs interest in the house.
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