No will

[unemployedwidow]

What is the name of your state (WA)?
My husband died in October 2008 without a will. Both of our names are still on the mortgage. All of our other accounts I've been able to transfer to my name only, but the mortgage company needs to know that there are no other claims to the property. The county tax assessment is in my name only. What do I need to do to change the mortgage? Thank you.

 

[anteater]

How is the property titled? With right of survivorship?

 

[unemployedwidow]

I don't know where to find that information. On the mortgage loan application, there is a box for "Manner in which Title will be held", but it's blank. The document I'm looking at is from a refinance we did in 2003. We bought the house in 1994.

 

[nextwife]

I don't know where to find that information. On the mortgage loan application, there is a box for "Manner in which Title will be held", but it's blank. The document I'm looking at is from a refinance we did in 2003. We bought the house in 1994.

County Register of Deeds office. You can get a copy of the last deed of record. It MAY even be available online.

 

[unemployedwidow]

I found the document online, and did a search of it and the word "survivorship" does not appear in it. What else might I look for? Thank you again.

 

[anteater]

Where I was going was: Unless you are refinancing, why do you want to change the mortgage?

When you get the chance, visit the Register of Deeds and get an actual copy.

If the property was not held with right of survivorship, my understanding is that, in Washington, the deceased spouse's 1/2 of community property (which is the presumption in Washington for property owned jointly by spouses) passes completely to the surviving spouse under intestate succession. But you may have to open probate to get title solely in your name.

 

[unemployedwidow]

I just didn't want to find out in five or ten years from now when I go to sell it, that I was supposed to have done something to remove his name from the documents.

I also don't know what it means to open probate - can I do that myself or do I need to hire an attorney. Thanks very much for your quick responses.

 

[anteater]

I just didn't want to find out in five or ten years from now when I go to sell it, that I was supposed to have done something to remove his name from the documents.

Not really necessary. They can't call the loan. As long as you make the payments, there isn't a problem. And, if you sell and pay off the remainder down the road, they aren't really going to care as long the funds arrive.

The important item is to make sure that you have clear title.

I also don't know what it means to open probate - can I do that myself or do I need to hire an attorney.

What I have posted comes from the bits and pieces of what I know about Washington law - not extensive knowledge or experience. What you need to do is find a few attorneys that will give you quick consults to confirm what you need to do. It should not take more than that - it doesn't appear that you have a very complicated case. Ask your friends and relatives if they know any attorneys with probate/estate experience.

 

[unemployedwidow]

His name is still on the title, too. Do I need to take care of that now or can it wait until I sell - could be years from now. Thank you again