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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 37084
Experience:  Texas lawyer for 30 years in Estate law
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My mother and father both both died been living with them 20

Customer Question

my mother and father both both died been living with them 20 years in their home mom died 3 days defore putting the house in my name morgage is 91,00 thousand the lawyer had the pappers ready my brother was in agreement with my mother and father decision can I still asume the same morgage loan aand the bills.nd how long do I have before putting the house in my name still living hear my mother told me to keep paying the morgage
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. Ray here to help you.

If this was not done prior to death then you are going to have to file probate here.Once you are appointed personal representative you are able to sign a fiduciary deed to transfer the house to you.If your brotehr is in agreement here you need him to sign a declination of interest and it gets filed in the probate case.This waives his right to inherit the property.

But sense you were unable to file the documents prior to death you have to go through the courts.If the parents did not have a will they died intestate and the property passes under the laws of intestacy to you and your brother.Again he can waive his inheritance rights here and allow you to inherit his share.

You will need a local probate lawyer here to draft and prepare the documents for probate and the fiduciary deed to transfer title as part of probate . You will also have to pay any creditor claims as part of probate.As personal representative you are entitled to a court approved fee for your work here.

Here are probate lawyers by city here with ratings.

http://www.avvo.com/probate-lawyer.html

I am so sorry for your loss of parents.I appreciate the chance to help you.I wish you the best.Please let me know if you have more follow up.

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