If a home is left to someone in a will, what happens with the mortgage? ?
My mother recently passed away. The home that we live in (she was disabled and lived with myself and my family) was mortgaged/titled by her, but my husband and I have made the mortgage payments since the inception of the loan. According to the will, my husband and I will get the home. The mortgage balance is about 91K but I do not believe there to be sufficient funds in the estate to pay off the home as mom had originally intended. I have spoken to the mortgage company who said that once the title is in our names, we can refinance after 6 months or we can leave everything as-is and continue to pay on the mortgage under her name. What rights do we have legally? Does the estate have to pay off the mortgage or is it okay to continue to pay on it? Will there be capital gains on the home? We live in Texas, FYI.
No, there is no mortgage protection ins. that I know of, but I will definately double check. We do inherit the home and intend to change the title into our names asap.The mortgage company says the loan is non-assumable. We can refinance after 6 months of having the title in our name. We can “purchase” the remainder of the mortgage as soon as we have the title changed, but would have to pay 3.5% down.We would prefer to have the mortgage in our name, but we have some derogatory credit issues that might prevent us from getting a loan or make it cost-prohibitive.We are looking into it with a broker right now to see where we stand. My husband and I talked and are thinking it would be best to leave things are they are for a year.That way we can get our feet back under us and figure out what we need to do- make good decisions.We don’t want to make a rash decision about this and then have a hard time in the future and we don’t want to delay the probate. We would like to move on with our lives.
Just to clarify, my husband and I are living in the home currently. It will be occupied regardless of how we choose to proceed. I just wasn’t sure of how the mortgage was handled since it is in her name. The title will be transferred to us since we inherit it per the will.
And my husband asn I have been paying the mortgage, even with it in mom’s name, since the inception of the loan. We can prove (have bank statments) to prove we have paid the loan.