Husband died..What do I do about the house?

[Jennym349]

What is the name of your state (only U.S. law)? Indiana

My husband and I were married for 5 years. He passed away May 30 2008. We have been living in his house. His name is on the mortgage only. I have continued to make the monthly payment. I am wondering do I need to call the mortgage company and have the house put in my name? I have horrible credit and am concerned that the payment may go up if I do this. But also wonder if it could help my credit since I continue and will continue to pay the mortgage. I have also been argueing with his mother and am worried that if I don't that she might be able to take this home from me and my son. What do I need to do? By law is this house now mine? What are the steps I should take to insure that my son and I will be able to keep this home? Thanks so much..

Jennifer

[Zigner]

Originally Posted by Jennym349

What is the name of your state (only U.S. law)? Indiana

My husband and I were married for 5 years. He passed away May 30 2008. We have been living in his house. His name is on the mortgage only. I have continued to make the monthly payment. I am wondering do I need to call the mortgage company and have the house put in my name? I have horrible credit and am concerned that the payment may go up if I do this. But also wonder if it could help my credit since I continue and will continue to pay the mortgage. I have also been argueing with his mother and am worried that if I don't that she might be able to take this home from me and my son. What do I need to do? By law is this house now mine? What are the steps I should take to insure that my son and I will be able to keep this home? Thanks so much..

Jennifer

How, EXACTLY is the house titled?

[Jennym349]

The house is in my husbands name only. We do share a son together and my son does have his same exact name as well. I'm sorry I have never owned a home or dealt with anything like it and Im unaware of alot of things. I just know that the house is in my husbands name only.

[nextwife]

So sorry for your loss.

If there's a will: you need to file probate and distribute those assets subject to probate in accordance with the will.

No will? Probate in accordance with intestate probate. And file for SS survivors benefits for you and son, plus any and all life insurance (and AD&D, if applicable), 401K, IRA and other benefits as may be out there in which either you are named as the beneficiary or nobody is (in which case it is paid to his estate)

[Jennym349]

Originally Posted by nextwife

So sorry for your loss.

If there's a will: you need to file probate and distribute those assets subject to probate in accordance with the will.

No will? Probate in accordance with intestate probate. And file for SS survivors benefits for you and son, plus any and all life insurance (and AD&D, if applicable), 401K, IRA and other benefits as may be out there in which either you are named as the beneficiary or nobody is (in which case it is paid to his estate)

I'm so lost when you say Probate in accordance with intestate probate?? There was no will.

[nextwife]

Statute for your state sets out how the "estate" is distributed when a party dies "intestate" (without a will).

Certain property may not be a PART of the estate. It depends upon how it is titled. Insuarnce proceeds, for example, paid to a named beneficiary, are NOT part of probate, and pass OUTSIDE probate, as to 401ks, IRAs etc that have named beneficiaries. Savings accounts jointly owned may also pass outside probate.

For what remains:

[url=http://law.onecle.com/indiana/29/29-1-2-1.html]Indiana Code - Probate - Title 29, Section 29-1-2-1 - Indiana Attorney Resources - Indiana Laws[/url]

Indiana Code - Probate - Title 29, Section 29-1-2-1

Estate; distribution

Sec. 1. (a) The estate of a person dying intestate shall descend and
be distributed as provided in this section.
(b) Except as otherwise provided in subsection (c), the surviving
spouse shall receive the following share:
(1) One-half (1/2) of the net estate if the intestate is survived by
at least one (1) child or by the issue of at least one (1) deceased
child.
(2) Three-fourths (3/4) of the net estate, if there is no surviving
issue, but the intestate is survived by one (1) or both of the
intestate's parents.
(3) All of the net estate, if there is no surviving issue or parent.
(c) If the surviving spouse is a second or other subsequent spouse
who did not at any time have children by the decedent, and the
decedent left surviving the decedent a child or children or the
descendants of a child or children by a previous spouse, such
surviving second or subsequent childless spouse shall take only an
amount equal to twenty-five percent (25%) of the fair market value
as of the date of death of the real property of the deceased spouse,
less liens and encumbrances on the real property of the deceased
spouse, and the fee shall, at the decedent's death, vest at once in such
child or children, or the descendants of such as may be dead. Such
second or subsequent childless spouse shall, however, receive the
same share of the personal property of the decedent as is provided in
subsection (b) with respect to surviving spouses generally.
(d) The share of the net estate not distributable to the surviving
spouse, or the entire net estate if there is no surviving spouse, shall
descend and be distributed as follows:
(1) To the issue of the intestate, if they are all of the same
degree of kinship to the intestate, they shall take equally, or if
of unequal degree, then those of more remote degrees shall take
by representation.
(2) If there is a surviving spouse but no surviving issue of the
intestate, then to the surviving parents of the intestate.
(3) If there is no surviving spouse or issue of the intestate, then
to the surviving parents, brothers, and sisters, and the issue of
deceased brothers and sisters of the intestate. Each living parent
of the intestate shall be treated as of the same degree as a
brother or sister and shall be entitled to the same share as a
brother or sister. However, the share of each parent shall be not
less than one-fourth (1/4) of such net estate. Issue of deceased
brothers and sisters shall take by representation.
(4) If there is no surviving parent or brother or sister of the
intestate, then to the issue of brothers and sisters. If such
distributees are all in the same degree of kinship to the intestate,

they shall take equally or, if of unequal degree, then those of
more remote degrees shall take by representation.
(5) If there is no surviving issue or parent of the intestate or
issue of a parent, then to the surviving grandparents of the
intestate equally.
(6) If there is no surviving issue or parent or issue of a parent,
or grandparent of the intestate, then the estate of the decedent
shall be divided into that number of shares equal to the sum of:
(A) the number of brothers and sisters of the decedent's
parents surviving the decedent; plus
(B) the number of deceased brothers and sisters of the
decedent's parents leaving issue surviving both them and the
decedent;
and one (1) of the shares shall pass to each of the brothers and
sisters of the decedent's parents or their respective issue per
stirpes.
(7) If interests in real estate go to a husband and wife under this
subsection, the aggregate interests so descending shall be
owned by them as tenants by the entireties. Interests in personal
property so descending shall be owned as tenants in common.
(8) If there is no person mentioned in subdivisions (1) through
(7), then to the state.
(Formerly: Acts 1953, c.112, s.201; Acts 1965, c.405, s.1.) As
amended by P.L.283-1987, SEC.1; P.L.5-1988, SEC.154;
P.L.167-1988, SEC.1; P.L.176-2003, SEC.3; P.L.238-2005, SEC.3.

Last modified: May 27, 2006

Consult with a probate attorney.