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Alex Esquire
Alex Esquire, Attorney
Category: Estate Law
Satisfied Customers: 16476
Experience:  Handled many probate matters
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Man dies with his being the only name on deed to house. His

Customer Question

Man dies with his being the only name on deed to house. His will leaves the house to his wife. There is still a mortage on the house. How does wife get her name on the will?
Submitted: 4 months ago.
Category: Estate Law
Expert:  Alex Esquire replied 4 months ago.

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

Can you please clarify your question, since you stated that the house is already willed to the wife and then ask how does the wife gets her name on the Will?

Customer: replied 4 months ago.
When the bank finds out her husband died, will they make her refinance to get on the loan? Can she continue to make mortgage payment without being on the loan?
Expert:  Alex Esquire replied 4 months ago.

Thank you for your follow up.

Generally, once the spouse passed away, if the other spouse is not on the mortgage loan, then the surviving spouse will either have to sell the property and pay off the existing mortgage for the deceased spouse or would have to refinance the mortgage in the surviving spouse's name.

I wish you the best of luck!

Expert:  Alex Esquire replied 4 months ago.
Customer: replied 4 months ago.
What steps must the wife take to get onto the deed to the house?
Expert:  Alex Esquire replied 4 months ago.

Thank you for your follow up.

Generally, an estate has to be filed in the local probate court and the original Will has to be filed with the court and the court will review the case and once estate is properly processed, a new deed would be issue according to the terms of the Will.

Probate law can be legally complex, so it is important to consult and retain an experienced local probate law attorney and to have this local attorney assist with the probate case.

You can find an experienced and skilled local probate law attorney by using this established and reputable attorney information / referral websites:

www.lexmundi.com
www.martindale.com
www.lawyers.com
www.legalmatch.com
When, choosing a local attorney to represent you, it would be a good idea to choose someone who has a practice exclusively dedicated to probate law, has at least 10 years of experience and handled similar matters and also regularly practices before the court located in the jurisdiction where your matter will be heard.
I wish you the best of luck!

Expert:  Alex Esquire replied 4 months ago.