QUESTION

Divorced home owner with only one adult child, upon death, will child inherit home and mortgage when there is no will?

Asked on Oct 20th, 2012 on Wills and Probate - Ohio
More details to this question:
If you are a divorced homeowner, with one adult child, and a mortgage, upon death, the child inherit the house and the mortgage when there is no will?
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1 ANSWER

Dear Ohio, I'm going to assume you purchased the home AFTER your divorce.....If you die without a will, your child will inherit your home through the laws of intestacy.  The mortgage however, is a separate transaction-so to speak.  Whether you die with or without a will, your child will have to go through a court process called Probate and obtain what's called Letters of Office.  These Letters can then be used to negotiate with the mortgage company for your child to either assume the mortgage or renegotiate the terms of the mortgage.  Candidly, the mortgage company will keep taking the money regardless of whose name it's in.  But to ensure your son or daughter has no problems when it comes time to sell the property or what's called clean title, I'd highly encourage he/she handle the mortgage titling properly. Just in case you were still married upon purchase of this property and if it was at all possible that it was owned in either joint tenancy, tenants in common or tenancy by the entirety, please refer to your divorce decree to see how the property was handled.  Hope this was helpful and best of wishes with everything.
Answered on Oct 21st, 2012 at 7:33 PM

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