• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Dividing estate

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

O

oldmanbuck

Guest
What is the name of your state? GA
My father died several years ago and named me his executor; all assets were to be equally divided among the six children. One of my sisters had been his primary caregiver for many years and lived in his house. After his death, she continued to live there and notified the mortgage company that she would pay the bill. This was and is fine with the other five of us. But, I feel that leaving the mortgage in my father's name is legally unsound. One brother is of the opinion that we each have only to sign a certified document relinquishing all rights. I believe that we have to have her have the mortgage put in her name. There is no problem about any of the five of us looking to gain any money from this, I just don't want us all liable if something happens to or at the house. Do I, in fact, have to insist that she has the mortgage transferred? Thanks :confused:
 


Dandy Don

Senior Member
If she wants to refinance the mortgage, then of course the mortgage would be put in her name and the mortgage company will take care of this. What the executrix needs to decide is whether executrix wants to sell the home now and split the profits amongst all heirs or whether she wants sis to continue living there.

DANDY DON IN OKLAHOMA ([email protected])
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top