How do I leave my home to a non-blood related person if there is a mortgage on it?

UPDATED: Jul 15, 2011

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How do I leave my home to a non-blood related person if there is a mortgage on it?

I have a VA mortgage on my home. The person that I would desire to inherit my home upon my death is not blood related and is not a veteran. I have designated this person as the beneficiary of my life insurance but it may not be enough to pay off the existing loan amount. Even if it were, anI they were able to pay off the loan, they are not listed as “owner” of the mortgage loan. How can i ensure that this person inherits my home?

Asked on July 15, 2011 under Estate Planning, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Good question. There are several ways for the person you want to have the home after your pass to receive it.

You can sign a grant deed giving a joint tenancy to the person and record it presently where upon your passing, the person on the joint tenancy deed receives the property by operation of law.

You can name the person in a Will to receive the home or create a Trust where the person receives the home upon your passing.

Many times a person will inherit a piece of real property that has a mortgage on it. Typically if the Estate has enough money, the Will or Trust will dictate order of preference that certain items of the estate ot Trust are to pass to those under the Will or Trust and that the receipt would be free and clear of any liens or obligations.

That is why in a Will or Trust there be a stated amount of money in a bank or a brokerage account to to be used to pay off the mortgage on the property so that the non-blood related person receives the property free and clear with no mortgage if that is your desire.


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