What issues would I have moving into my deceased father’s home and just continuing to pay his mortgage?

UPDATED: Sep 30, 2022

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What issues would I have moving into my deceased father’s home and just continuing to pay his mortgage?

Father died with no Will. I’m his only child I have a home I want to sell and move into his home why would I need to wait to move into it. I’m concerned if I do not pay his bills they will fall behind and create another issue if I wait until after probate.

Asked on July 30, 2016 under Estate Planning, Alabama


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Typically, an heir must wait until the probate process is complete before they gain access to an inherited asset. However, since you are the sole heir to your father's estate, you can probably move into his house without waiting if there is no one else to object. That having been said, before or after probate, the mortgage on the house must continued to be paid. At such point as the house is transferred into your name, you will become the legal owner. As a general rule, a transfer of ownership "accelerates" a mortgage which means that it must immediately be paid off in full. However, in the case of inherited property, even after transfer to an heir/beneficiary, the mortgage can remain in place so long as the monthy mortgage payments continue. In other words, a lender is required to continue to accept payment until the original maturity date.This benefits the person who is inheriting since they do not have to go through a lender's application process and qualify for a new mortgage in their own name.

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.

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