If my Mother passed without a Will, what do I do to transfer her home into my name?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my Mother passed without a Will, what do I do to transfer her home into my name?

My mother and I also lived together but the home is in her name. It has been 2 years since she has passed. I have continued to pay the mortgage and all of the other bills. Can I be put out of this home even if I have been paying the mortgage?

Asked on November 15, 2012 under Estate Planning, Maryland

Answers:

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

Answered 11 years ago | Contributor

I am so sorry for your loss. If your Mother dies with out a Will then she is said to have died "Intestate" the intestacy Laws in your state will apply.  If you are the only heir to her estate - if she died with out a spouse and you have no siblings - then you would most likely inherit under the intestacy laws.  You would need to be appointed as the Personal Representative of the estate and then transfer the property in to your name via Executor's deed.  That is very simplified.  Please get help.  And as long as the mortgage is being paid and there is an heir the loan will not be called in.  It is an exception to that clause in the loan.  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 lock Secured with SHA-256 Encryption