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Richard, Attorney
Category: Estate Law
Satisfied Customers: 55608
Experience:  29 years of experience practicing law, including tax and estate planning.
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I live in Kentucky. My husband recently passed away. He has

Customer Question

I live in Kentucky. My husband recently passed away. He has a will on which I am listed
as executrix. We own a home together on which there remains a mortgage of approximately $85,000, a 2001 car which is in his name, and a credit card with an outstanding balance which he gave my daughter for her use. He has a small annuity of
approximately $26,000 on which I am the beneficiary. We have a small checking account
which is in both of our names. His only insurance policies were given to the funeral home
to pay for the funeral and burial expenses. I can continue to pay the mortgage on our home with no problem and my daughter has closed the credit card but the balance has not been paid. Can you please advise how I should proceed - can this be handled without an attorney, etc.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.

Good afternoon. My name is ***** ***** I look forward to helping.

Can you provide me a bit more information? Do you own the home as joint tenants with right of survivorship or are both your names simply on the deed? Thanks.

Customer: replied 1 year ago.
As I said, both our names are ***** ***** mortgage - I am not sure if the deed says anything about right of survivorship.
Expert:  Richard replied 1 year ago.

Thanks for your reply. Given the value of the property, you will unfortunately need to file a petition with the probate court. But, because you are the surviving spouse and given the assets, the court should allow a streamlined probate process. The court will officially appoint you as the executor to give you the authority to act in that capacity and so that third parties can rely upon your authority. That will give you the authority to sign a quit claim deed transferring title to the home to yourself. The deed will need to be witnessed and notarized and recorded in the real property records. The lender, under Federal law, can not accelerate the loan due to your husband's death.

I just want to let you know that I will be away at a meeting for the next hour or so. Should you have afollow up before I return, I will address it immediately upon my return. Thank you in advance for your patience. I apologize for any inconvenience.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!