Estate Law Questions? Ask an Estate Lawyer.
If the home was in your mother's name when she died, leaving you and your brother as her heirs, the home can be put in your name with your brother's cooperation. It should be done as soon as possible. The lawyer who prepared the papers for your mother to sign should know how to get that done. While the legal work is being done, you must continue to make the mortgage payments. After the property is in your name, the mortgage loan account can also be put in your name without you assuming any personal liability.
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