QUESTION

Doing a family transfer. Mortgage company asking for a transferring title adding me to title. We have no title. I am his executor of will.

Asked on Aug 29th, 2021 on Wills and Probate - Texas
More details to this question:
My spouse recently passed. He had called the mortgage co. and told them I was his sole beneficiary, but now a new mortgage company has taken over. I was told to do a family transfer package. They have me as a co-signer now. To do the transfer, they are asking for a transferring title adding me to title. The house is not paid for, I have no title. What should I do?
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1 ANSWER

Estate Planning Attorney serving Addison, TX at Dallas Estate Attorney
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So sorry for your loss.. The fact that your husband told the mortgage company that you were his beneficiary is of no legal consequence.  There should have been papers prepared and filed both tin the deed records and with the mortgage company.  Did your husband have a will?  Did it leave everything to you?  Are you the named Executrix?  If so, the process is straightforward.  The will needs to be filed for probate in the appropriate court in the county in which your husband was domiciled at the time of his death.  Once filed and some additional papework is filed with the court, there can be a hearing and (if you are the named person) you will be appointed independent executrix without bond.  After that, there are a few more court papers that need to be filed, but you can proceed  (with a lawyer's help) to transfer the property to yourself.  This transfer does NOT extinguish the debt but as executrix of the estate the mortgage company or its sucessor will want to talk with y ou.  Without a will an application to determine heirship must be filed probably coupled with an application to appoint an independent executrix.  Much more complicated and time consuming.  As a practical matter, the mortgage company probably won;t do anything adverse to your interest as long as you are paying on the exiting mortgage. Do yourself a favor and find and hire an experienced Probate Lawyer 
Answered on Aug 30th, 2021 at 10:57 AM

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