Q: Can I keep paying deceased dad's mortgage & acquire house?
My father passed away six years ago without a will. I've been living in his house and paying the mortgage ever since. My siblings and my father's wife are other potential heirs. However, his wife left the property before his passing and hasn't contributed financially, and my siblings have expressed that they want me to have the house. I haven't contacted the mortgage lender about my father's passing. Is it legal for me to continue paying the mortgage and live in the house? What steps should I take to ensure the house is legally transferred to me once the mortgage is paid off?
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A: You will need to consult with a WA attorney. But you do not acquire title by paying someone else's note. You might pay it off, then the other tenants in common file a partition suit against you. It might be better to try to get quit claim deeds from the other heirs now, even if you do not record them because of a due on sale clause. Hopefully lender will approve you as their debtor.
A:
Making payments to the mortgage company does not ensure that you will have any right to inherit the house.
The only way the house can become your legal property is to go through probate and have a judge make a ruling giving the house to you. It will be helpful if your siblings and any other potential legal heirs go to court with you and let the judge know that they want you to have the house. (People can attend court by phone or Zoom if they're not local). You may be able to use notarized statements from them that state they do not want any interest in the house.
I urge you to at least consult with a probate attorney to tie up loose ends and ensure you don't have any problems down the line. In Washington, expect to pay about $2500 to a probate attorney, plus the cost of court fees. However, a consultation will probably cost you about $300 for one hour - but 30 minutes may be sufficient. (Be sure to check online reviews before consulting with, or hiring, ANY attorney or anyone else for that matter).
Meanwhile, typically a mortgage company or bank doesn't care who is making payments, as long as they're getting their payments. I would consult a probate attorney prior to informing the mortgage company that your father has passed. Some mortgages may require the entire mortgage to be paid upon death. You're probably making payments at a much better interest rate than you can obtain today on a new loan, so use caution.
I hope this has been helpful.
Best wishes,
Merry A. Kogut
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