If I sell my home to my mother and she passes before contract is fulfilled do I retain ownership of the home?

Question

Jayne Sebby · Answer

It will depend on where in the process you are when the death occurs.  It is possible that her estate could retain possession of the property even if all of the payments haven't been made yet.

Craig Donais · Answer

If the purchase and sales contract was not completed, and no deed was recorded, you still own the home.  There could be a claim by your mother's estate regarding the property (either a cash refund or acquiring title to the real property), but acquiring the property would be unusual, as the purpose of the probate process is to gather and dispose of assets, rather than acquire new ones.

Jeffrey Strickland · Answer

If you sell the home to her, the home would be part of her estate. It would pass under her will or according to intestate succession. Before you do anything, you likely need to speak with counsel to share your reasons for doing what you are trying to accomplish and learn of various strategies. Never make a major decision without due diligence.

Georges Shers · Answer

You have to explain how it was not fulfilled. The estate is bound by any contracts you mother entered into, but if she never signed the documents then there was no contract.

Dara J. Goldsmith · Answer

If you sell the home you no longer own it.  I urge you to seek legal counsel for what you are trying to accomplish.

Christine James · Answer

Probably but it depends upon the terms of the sale and whether title was transferred.

Wayne Wimer · Answer

If you retain a security interest in the home when you sell it, then if she didn't leave the house to you in her will, you can file a claim against the estate and get the property back.

James Frederick · Answer

It depends on how you structure the agreement. This would be a negotiable term. The home could either revert to you or to your mother's estate. Fairness would dictate that the estate should get some credit for payments made by your mother. Much more information would be needed to say more.

Thomas Edward Gates · Answer

Not necessarily. Her estate would be the holder of the property and the estate would be responsible for the balance due. You, as a creditor, may submit a claim for the unpaid balance.

Edwin K. Niles · Answer

If you are selling on contract as opposed to a deed, it depends on the terms of the contract.  Sounds as if you need to have a talk with a lawyer, as there are serious estate planning issues.

Ronald Dessy · Answer

If your mother has some future contract obligations of payment to you, when you record the deed to your mother, you should also obtain a promissory note from your mother and record a deed of trust securing repayment of the note against the house, so that you can foreclose, if the future obligations are not addressed properly.  You should use an escrow company to accomplish this procedure. If you want to retain ownership of the home, than your should deed your mother a life estate, which means you will own the home after your mother stops living in the home, and until then you will remain the legal owner, subject to your mother owning the possessory rights to the home - the right to live in the home.

Randall Romei · Answer

If you have a valid written contract for the sale of the house that was executed by your mother then you can enforce the contract against your mother's estate and the estate must complete the purchase.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

If I sell my home to my mother and she passes before contract is fulfilled do I retain ownership of the home?

12 ANSWERS

Find Local Estate Planning Lawyers

Helpful Resources

Ask a Lawyer