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Ask Michael Lykken, Esq Your Own Question
Michael Lykken, Esq
Michael Lykken, Esq,
Category: Estate Law
Satisfied Customers: 103
Experience:  Partner at Soares & Lykken, Attorneys at Law
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My husband passed away and s name is on the mortgage but

Customer Question

My husband passed away and his name is ***** ***** mortgage but mine is not. I signed an interspousal transfer deed. I received his life insurance and would like to pay off the mortgage and transfer title to my name. Is that possible? I live in California
Submitted: 2 years ago.
Category: Estate Law
Expert:  Michael Lykken, Esq replied 2 years ago.


My name is ***** ***** I am an expert with Justanswer. To be sure I understand the question, you are not on the title to the property or on the mortgage. Your husband is on both, and he passed away. There isn't any problem with paying the mortgage since you don't have to be on a mortgage to pay it. However, transferring the property into your name is ***** ***** and the answer depends on whether your husband had a trust or a will. If he did not have a trust, you may need to file a court action to have the property transferred to your name since your husband can't sign a deed. Once you clarify this, I will be able to provide you with more accurate advice.

Customer: replied 2 years ago.
There is no will or trust. How do ibfile a court action?
Expert:  Michael Lykken, Esq replied 2 years ago.

Since there is no will or trust, you will have to probate his estate, which means that you will have to file a probate action in court. You will need to retain an attorney to do this. The attorney fees are set by statute, but they can be high as it based on the value of the estate. The probate court will be able to order that the property be deeded out of your husband's name, but this is a more complicated situation because of the intestacy laws, which govern distribution of an estate when there is no will or trust. For example, the intestacy laws take children into account when ordering a distribution of the property. There may also be community property rules at play since it sounds like you may have owned the property at one point in time, and I assume that you were paying the mortgage with community funds (money that was earned during the marriage). A probate attorney will be able to help you with this and make sure that the probate action is properly filed.

Expert:  Michael Lykken, Esq replied 2 years ago.

I hope you found my advice helpful. If so, I would appreciate it if you would rate my answers. Thank you in advance!