Q: Mother passed with no will; how to retain home when I'm paying the mortgage?

A: You will likely need to open an estate in her name under the laws of "intestate succession," that is, probate for someone who died without a will. The heirship is determined by state law by these priorities: widows, orphans, surviving parents, surviving siblings, surviving nieces and nephews. If your deceased siblings have children, they will have interests in the land/home too. Go into the Mobile County Probate Court and ask for instructions and forms, but you really need a local attorney, especially in that county. The probate judge there is meticulous and strict. A Mobile attorney familiar with probate procedures is what you will need.

A: Since you are the last surviving child, you may have legal rights to inherit the property, but there are steps to take to ensure everything is handled properly. First, you'll need to go through a probate process, which is the legal procedure to handle your mother’s estate. Even without a will, probate will help establish your ownership of the home and clarify the transfer of the property into your name.

During the probate process, you will be required to submit paperwork to the court to formally claim the home. Since you are paying the mortgage, this can demonstrate your intention to keep the property. It’s also important to notify the mortgage company of your mother's passing so they are aware that you are continuing to make payments.

Once the probate court grants you ownership of the home, you should be able to continue living there and maintain the mortgage. Keep records of all payments and communications related to the mortgage to protect your claim. If you are unsure how to start the probate process, it may be helpful to consult with an attorney to guide you through the steps.