Responsibility for Mortgate After Ex's Death

[Lisa D. Thompson]

I reside in Huntsville, Alabama. Recently, my ex-husband died. He did have a will, but it was drafted prior to our divorce and he never changed it. I have been advised that, since he named me as "my wife, _____", I have no take from the will and all property will go to our daughter (there are no other wives or children).

My question concerns the house we bought together and that he was residing in at the time of his death. After the divorce, at the advice of his attorney, he had my name removed from the deed. However, I am still a co-borrower on the mortgage. What steps do I have to take to have my name removed from the mortgage? The will will be in probate for 6 months, at which time all property will go to my daughter (she's 17). He and I had joint custody of her, so of course, she now resides with me full time. I assume that even if I continue to make the mortage payments in order to protect my credit rating, I will have no claim to the house when the will has been probated. I have no problem with the property and proceeds from it's sale go to her, but I cannot make mortage payments and pay my own rent and other expenses as well.

Where do I go from here??

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Lisa D. Thompson:
I reside in Huntsville, Alabama. Recently, my ex-husband died. He did have a will, but it was drafted prior to our divorce and he never changed it. I have been advised that, since he named me as "my wife, _____", I have no take from the will and all property will go to our daughter (there are no other wives or children).

My question concerns the house we bought together and that he was residing in at the time of his death. After the divorce, at the advice of his attorney, he had my name removed from the deed. However, I am still a co-borrower on the mortgage. What steps do I have to take to have my name removed from the mortgage? The will will be in probate for 6 months, at which time all property will go to my daughter (she's 17). He and I had joint custody of her, so of course, she now resides with me full time. I assume that even if I continue to make the mortage payments in order to protect my credit rating, I will have no claim to the house when the will has been probated. I have no problem with the property and proceeds from it's sale go to her, but I cannot make mortage payments and pay my own rent and other expenses as well.

Where do I go from here??<HR></BLOCKQUOTE>

My response:

How about giving up the apartment, and moving back into the house?

Did he have siblings, mother, father, that are still alive?

IAAL

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[Lisa D. Thompson]

That option has already been discussed; however, my daughter (understandably) does not want to live in the house where she found her father dead. I'm not very keen on the idea myself, but she has the final say on this issue.

Which leads back to my original question: why would I want to continue making payments on a property that, ultimately, I have no claim on?

 

[Peachy]

Why not rent the house until probate?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Lisa D. Thompson:
That option has already been discussed; however, my daughter (understandably) does not want to live in the house where she found her father dead. I'm not very keen on the idea myself, but she has the final say on this issue.

Which leads back to my original question: why would I want to continue making payments on a property that, ultimately, I have no claim on?<HR></BLOCKQUOTE>

Your question could be better answered directly by the mortgage lender. Once you stop making payments the lender will send demand and collection notices and ultimately foreclose on the property. Your daughters interest would be jeopardized. Talk to the lender and work out a payment plan until probate is settled. If you and your daughter can not pay the monthly mortgage payments, then the property should be sold on the open market rather than at a forclosure sale. The Probate Court would approve the sale of the property.

 

[Tracey]

His estate should be making the payments. Contact his executor for confirmation that the payments are being kept up. The exec is also the person who has to go to court for permission to rent the place out.

Under AL law, you are almost certainly your daughter's financial guardian, which means you will have control of the house until she's 18 or whatever age is specified in the will. The house can be deeded to you "in trust for D" & you can deed it to her when she's 18. You'll have to check AL law to see if you can sell the house & invest the proceeds elsewhere. She can then sell it or hire you to continue managing it. You might be able to get court permission to make the first transfer immediately, depending on the amount of money in the rest of his estate. Talk to the estate's exec/attorney. Be sure to mention that you'll sue the estate for ruining you credit rating if it doesn't keep up the payments. wink, wink. (This all assumes he didn't have mortgage insurance, which would pay off the entire debt.)

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.