How do I buy my mother's house after she died without a will?

Question

My mom recently died without a will.  My sister and I have been named administrators of her estate, and have been living in the house before (and since) her passing.  My sister and I would like to have the house put in my name so that I can refinance the mortgage and keep it (we'll both be living in it).  My mom's estate is insolvent, and the mortgage on the house is by far the largest debt owed.  The credit union won't/can't proceed, however, until they have the proper documentation that the house is in my name.  How do I proceed?

Michael Stafford · Answer

You need to consult with an attorney and have your mother's estate probated without a will.  You need a court order from the probate court placing the property in your name.

Leonard A. Kaanta · Answer

You and your sister must deed the property to you as personal representaitves of the estate, But if the estate owews creditors they have a right ot the proceeds of house,you need to see a lawyer.

Jay Moreland · Answer

You need to set up an appointment with an attorney. It is likely that the home was your mother's homestead. If so, you would need a court order that establishes that. The homestead passes by operation of law to your mother's heirs (likely you and your sister). If it is not homestead, the property will have to pass through her estate to you and your sister. In either case you will need an attorney to help you with this. Once the property is in your name and your sister's name, the credit union should be willing to deal with you.

Frances Headley · Answer

The property will have to be probated to get it into your name. You should consult a probate attorney about how to proceed.

Brian Haggerty · Answer

This  is actually a fairly complex question. I think you can do this, but not with a generic approach from a website. If you don't have a lawyer helping you with administration of the estate, I recommend getting one to help you work through this mortgage issue.

Gerald Bagazinski · Answer

You should contact an attorney and have a personal representative's deed prepared. The attorney should order title insurance. If the property is underwater, I would suggest a short sale or loan modification.

Eric Smith · Answer

Speak to a local attorney or title company. If you are in Texas, you may still need to do a determination of heirship, or you may be able to get by by having 2 uninterested persons familiar with the estate swear out affidavits of heirship and file those affidavits in the county deed records. One of those processes will transfer title from your mother to her heirs. Then the heirs must execute deeds transferring their interest in the property to you. When you are the sole owner of the property, the credit union will be able to renegotiate the mortgage with you, but they are not required to do so.

Dera Johnsen-Tracy · Answer

You should work with a probate attorney and a title company to purchase the house from your mother's estate.  Your mother's mortgage should be paid off, a new mortgage should be issued to you, and a deed transferring the property to you (signed by you and your sister, as administrators of the estate), should all be handled at closing.

Thomas Edward Gates · Answer

Regrettably, you identify your mom's estate as insolvent. Was this a court finding? You must sell  the assets of the estate to satisfy the creditor's claims. Once these claims have been satisfied, the remainder of the estate is distributed between the beneficiaries. The house may not be available to you.

Victor Waid · Answer

Assuming you are the only two heirs, and you have letters of administration issued by the court, then you will need to obtain an order from the court distributing the property to you and your sister, certified, to present to the credit union, who can then commence to refinance the property into your name with your sister granting her share to you, and paying off the old loan that was in your mother's name.

George Derieg · Answer

You will have to go through formal probate in order to change the title of he house.

James Frederick · Answer

The property would be deeded from the estate to you. The mortgage would be paid off or refinanced, if possible. And you would pay your sister half of the equity in the home. It is not difficult, but if you are not sure how to proceed, an estate planning attorney can help you.

John Palley · Answer

It sounds like you need to file for probate. With that you can talk to the mortgage company about re-doing the loan and/or having you assume it. I would hire a California probate attorney to get this started for you ASAP. I will be available Monday morning if you want to talk about your case. My firm handles probate cases throughout California.

Maura Curran · Answer

You need to probate your mother's estate and in Florida because there are at least 2 beneficiaries, you will be required to hire an attorney to help you with the probate process.  For a variety of reasons I cannot tell you how to transfer the house.  To get the best advice on the transfer of her property, you should hire an attorney to probate the estate and discuss your options.

Edward Armstrong · Answer

Has and estate been opened in the probate division of the Circuit Court? If not, this needs to be done within the year after your mother passed away.  Are there other heirs - other siblings? What about children of deceased siblings? I think the best thing to do when the  estate is opened is to petition the court for an order distributing the house to you. The order will protect against any future claims of violations of fiduciary duties, self-dealing, etc.

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How do I buy my mother's house after she died without a will?

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