My parents home was only in my father’s name. He passed away 7 years ago, leaving his estate to my mother, per his will. She continued to make the monthly mortgage payments and nobody every mentioned anything to her. Now, her mortgage has been transferred to a new loan company they’re saying she needs to get the deed put into her name. She’s struggling with money at this time and the people she keeps trying to talk to keep giving her the run around.

ANSWER BY MARGARET CROSS-BELIVEAU:

Actually, they aren’t trying to give you the run around.  Unless you proactively seek out the mortgage company and keeping paying, it will not know that the debtor has died.  Normally, death is a triggering event to call the mortgage.  However, if a close family member inherits the property, the mortgage can continue.  A will isn’t effective unless it is filed with the probate court and a probate is opened.  At the end of the probate period, if all the paperwork is completed, the title can come out of your father’s estate can go under the name of your mother.  If she is indigent, she can file a request to waive the filing fees at the probate court.

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Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

The estate administration and estate planning attorneys at the Beliveau Law Group provide legal services for estate planning, probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.