Q: Bought house me as borrower mom coborrower what happens to property if one out live the other both no will

A: If you and your mother bought a house together and both names are on the mortgage, what happens to the property when one of you passes away depends on how the title (ownership) was set up. Since there is no will, the way the property is titled will determine the next steps:

Joint Tenancy with Right of Survivorship – If the deed states that you and your mother own the property as joint tenants with right of survivorship, then when one of you passes away, the surviving owner automatically becomes the sole owner of the property. Probate would not be needed for the property.

Tenants in Common – If the deed does not include survivorship rights and instead says you own the property as tenants in common, then each person’s share of the property passes according to state intestacy laws (since there is no will).

If your mother passes away first, her share would go to her legal heirs, which could include you and possibly other family members (depending on state law).

If you pass away first, your share would go to your heirs, which could include your children, spouse, or other next of kin.

In this case, probate would likely be required to transfer ownership.

Mortgage Responsibility – Regardless of how ownership is structured, the mortgage still needs to be paid. The surviving co-borrower would remain responsible for the loan.

Next Steps:

Check the deed to see if it specifies joint tenancy with right of survivorship or tenants in common.

Consider setting up a will or estate plan to ensure the property passes according to your wishes and avoids unnecessary legal complications.

If you’d like, I can help review the details and guide you on the best way to protect the property and avoid probate issues in the future. Let me know how you'd like to proceed.

A: I would encourage you to have the current deed reviewed, based on how the deed is held it may transfer upon death (review needed). In addition, I would encourage you to consider having a proper estate planning done with respect to a Will and or other documents as well as a Deed with survivorship rights if that is what both of you want or think needs to be done, an estate planning attorney can better advise you and respond to you based on your precise circumstances.