I live with my boyfriend and our two kids and he was recently killed in a car accident. The house is in his name and I want to know if I'm still able to stay there and pay the mortgage or will it have to be sold? His two children are minors so I'm not sure how that plays out.
You need to review the mortgage loan documents to see what remedies both the lender and your boyfriends heirs are entitled to upon the passing of the borrower. Additionally, you need to file to become executor of his estate, which then would give you the authority to renegotiate the terms of the loan so the heirs can assume said loan. If these attempts are not acceptable to the lender, then they may just sell the home to recover the balance remaining on the note. You need to bring all the paperwork with you including but not limited to the will, the loan agreement and a market appraisal of the home etc and speak with an estate planning lawyer for advice and representation.
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