Ask a Lawyer and Get Answers to Your Legal Questions
Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
Is the house still in mother's name or has her estate been settled and the property deeded over to the children?
What taxes are you referring to?...property taxes?
Who is using the house currently?
Ok, if the house is owned by the estate, then only the estate could claim any mortgage interest deduction on its taxes against any income since the loan would be reported under your mother's SSN and it is her estate that will receive a 1098
In order to be able to claim that interest, someone will have to settle her estate so that the property is transferred out of the estate to the children as legal owners so they can then get all the benefits of legal ownership..