An Heir's Steps to Getting, Sharing Home Title
Question: My parents died within four days of each other in 2005. In their will, they left their home to me. I am their only child. There is still a mortgage, which I have been paying. Can I have the title to this property changed to my name and my husband's name? We live in the house and will want to sell it someday.
Answer: Unless the estates of your parents qualify for an exception, their wills must be probated by the local probate court, which will transfer the title to you as the sole heir.
After you hold title, you should notify the lender to change the name on the mortgage to you. But the lender cannot call the mortgage due, nor can you be charged a mortgage assumption fee, because you are the offspring of the decedents and are living in the house.
Of course, keep making the monthly payments. After you hold the title in your name, then you can sign a quitclaim deed to your husband for a partial interest if you wish.
Information provied by Catherine Sheldrick, United General Title
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