who"s in charge ?

[bigddaddy]

What is the name of your state? in new jersey My wife and I paid the down payment for a house and all other costs associated with the requirements of closing and inspections for my in-laws and my farther inlaw got the mortgage for the property. We signed where needed to have our names on the deed along with my in- laws so all four of our names are on the deed and now unfortunately my father in-law passed away in feb. of this year who would control the estate if my mother in-law passes away because her name is not on the morgage?

 

[Dandy Don]

Next of kin to whoever the decedent was. People who name on the deed need to decide if they want to continue making mortgage payments or discuss with the mortgage company whether you wish to sell the home. Probate is only needed if the mother-in-law or father-in-law have a share of ownership in the home, which it appears they do not in this case.

 

[garrula lingua]

Huh ?
OP, did I understand you correctly ?

The house is in you & your spouse's name; (the only names on the deed)
your father-in-law's name is on the mortgage;
father-in-law died.

You own the house (at least the portion that exceeds the mortgage amount); it does not belong in father-in-law's estate (only as a secured debt, which the bank would do if they 'call' the mortgage).

The house can't be in FIL's estate as an asset, as you & spouse 'own' the house - FIL 'owned' the debt, secured by the house.

The house belongs to whomever is on title.
The debt is owed by the mortgagee (FIL) with a secured loan by the mortgage co.

You need to get new financing, in your own name.

Possibly I mis-understood your question, OP ??

 

[Texas Pooh]

Do we think that FIL lent the OP the money for the house and that is why "his name is on the mortgage?"

If so, the loan is an asset of the estate, and whoever is the executor can call the loan and/or sell it. If so, refinancing is required. If, however, MIL needs the income stream, perhaps the loan can stay as it is and payments made to MIL. When MIL passes away, her estate will have to call/sell the loan.

Or did FIL take out the mortgage for the OP (query as to why OP's name is on the deed and not FIL) and OP has been making the mortgage payments?