This is where having an estate would be a big help. The estate essentially represents your husband. Yes, you are going to be able to sell the house, subject to the mortgage, of course. Whether you have to use the estate or not to do so, the bank will tell you. Consult a probate attorney and they will help you out.
The deed belongs to the estate and the estate can transfer the property in accordance with the will or the laws of intestacy.
If no one else's name is on the deed you would get it.
The mortgage insurance you are referring to is most likely the standard mortgage insurance that is on a loan above 80% of the value of the house. This MI covers the lender in case of the borrower defaulting on the loan. It does nothing to help the borrower. If you are on the deed then you still own the house if your husband dies but if you cannot either refinance the mortgage or continue to pay the monthly payments then the lender will ultimately foreclose on the house and repossess it. What you need is a life insurance policy that will pay off the balance on the mortgage in case of the death of the mortgage holder.
It is not a problem, but the mortgage will still have to be paid by the surviving co-owner even if that co-owner did not borrow or get any of the money from the mortgage, because it is a lien on the house.
If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.
If the property was owned by your husband then his estate must be probated in order for title to pass to his heirs legally. If there was no will the property will pass to his heirs at law under the state laws of intestacy. You can check your state laws at the related question link below.
It could. Take the son to court before the mortgage co. takes mum to court.
Generally, no, however it could be yes if: * The mortgage lender is not aware of your presence and there is no will passing the asset (house) to you as part of your late husband's estate or * The mortgage loan has a force-sale requirement in the event of the note-holder's death Even with the above conditions, you (or your legal representative) should notify the mortgage lender and let them know (1) you have lived in the home with your husband up 'til the time of his death (2) you want to continue to live in the home as you have no where else to go and (3) you want to continue to make payments and can demonstrate the ability to do so.
You NEED to employ a solicitor (attorney) to advise you on this one. ***If the house was left to the son then the house is his. Despite who owns the house there are many questions and options that need to be discussed with a neutral third party. The son paying rent isn't so much a legal questions but clearly he should be concerned about his rights if this information is being given to him by the husband. 1) Is the son a minor? Is he adopted by the husband? what is the relationship? 2) Is there still a mortgage on the home that wasn't paid off by credit life or life insurance when the mother died? 3) If a current mortgage is what the present husband is paying, rather than deeding him that portion of the home the son could sell the husband the house and the proceeds of the sale go into trust for the son. Good luck!
You don't give your state of residence and states vary in their interpretation of marital property when it comes to real estate. You REALLY need to consult with an attorney to learn your legal rights. If your name does not appear on the deed or title to the property you COULD be in legal jeapordy if your husband's will does not provide for you to inherit his interest in the home.
Typically spouses have a deed as tenants by the entirety. This means he inherits the house automatically when the wife dies. Filing a death certificate with the deed will clear the title.
The deed is returned to the property owner after it has been recorded in the land records.If you can't find the originals you can obtain a copy at the land records office.The mortgage document is returned to the lender.In a lien theory state, if you executed a deed of trust(form of mortgage) your property will be reconveyed to you once the loan has been paid off.