If I’m the personal representive of my mother ‘s Will, how do l become the executor of her estate?

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If I’m the personal representive of my mother ‘s Will, how do l become the executor of her estate?

My mother is in hospice. I would like to continue to live in her house after she

passes. She has a mortage and is the only one on the deed. Dad is gone

and l have no siblings. I can continue to pay the mortgage but l don’t want them to

take the house from me. How can l protect myself from this?

Asked on August 25, 2018 under Estate Planning, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

I am so sorry for your situation.  If your Mother has no Will then likely now is not the time she would be of sound mind to execute one.  You will, however, inherit everything under intestacy as her only child.  You will file a Petition to become the PR of her estate and you will need to likely file an Affidavit of Heirship from someone close who knew your family well. As for the house, you will inherit it and if you keep paying the mortgage and keep it current then the bank will do nothing.  You can even transfer the house to your self and file a new deed.  Generally filing a deed with someone else on it triggers the "due on sale clause" in a mortgage but not in this type of case.  You will own it and can continue to pay the mortgage until it is paid off.  You can also sell it when you wish.  Good luck.


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