Estate Law Questions? Ask an Estate Lawyer.
Good afternoon. My name is ***** ***** I look forward to helping.
Can you provide me a bit more information? Do you own the home as joint tenants with right of survivorship or are both your names simply on the deed? Thanks.
Thanks for your reply. Given the value of the property, you will unfortunately need to file a petition with the probate court. But, because you are the surviving spouse and given the assets, the court should allow a streamlined probate process. The court will officially appoint you as the executor to give you the authority to act in that capacity and so that third parties can rely upon your authority. That will give you the authority to sign a quit claim deed transferring title to the home to yourself. The deed will need to be witnessed and notarized and recorded in the real property records. The lender, under Federal law, can not accelerate the loan due to your husband's death.
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