If my husband has passed and the house is in my name but the loan is in his name, what do I need to do?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my husband has passed and the house is in my name but the loan is in his name, what do I need to do?

How do I get a copy of the loan papers?

Asked on June 30, 2012 under Estate Planning, Georgia

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  I am assuming that his name is also on the title to the property otherwise the lender would not have lent on the property. Under the law you can continue to pay the loan with out refinancing the mortgage until it is paid off since you inherited his potion of the house upon death.  If you are being appointed as the personal representative of his estate then you can indeed request them.  The bank may not give them to you otherwise.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption