If my parents did not have a Will and my father died, what do we have to do in order for my mother to retain rights to the house?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my parents did not have a Will and my father died, what do we have to do in order for my mother to retain rights to the house?
The house is their only asset. The deed originally had both their names on it but they took out a loan on the house, solely in my father’s name. She (they) still owe $30,000 on the loan. Does she still own the house, or do we have to go through probate and show that the children (3 of us) do not contest her keeping it? And, since there is still money owed, does anyone really own it (besides the bank)?
Asked on March 30, 2013 under Estate Planning, North Carolina
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You need to look at the deed to the home to see if your mother's name is on it. If so, then she files an affidavit as the successor owner and records it with the county recorder's office. I suggest that she consult a Wills and trust attorney to review the deed to the home and advise her as to ownership. From what you have written, she seemingly is on title to the home but may not be obligated personally on the loan. However, the loan is most likely a lien on the home.
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.