Estate Law Questions? Ask an Estate Lawyer.
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.
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.
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