QUESTION

My grandmother died on 3/6/20 according to probate her eldest son children and my mother legally make decisions. I have assumed the mortgage payments

Asked on Aug 18th, 2020 on Wills and Probate - Ohio
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y grandmother died on 3/6/20 according to probate her eldest son children and my mother legally make decisions. I have assumed the mortgage payments. We have decided not to open the estate what now?
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
By "according to probate" do you mean "according to her Will"? Regardless, the only instance in which you need not open an estate in the local probate court is when someone has only left personal possessions of de minimis value (no action) or those and a house without a mortgage (Affidavit of Heirship -- which the courts will not enforce for five years to let any "accidentally" omitted heir object).  You cannot simply take over the mortgage payments and claim the house for yourself or anyone else.  The lender extended the loan based on your grandmother's credit, not yours.
Answered on Aug 19th, 2020 at 5:19 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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