My dad died 7 months ago. The home he & my mother shared still has a mortgage in his name only. However, my mom's name is on the deed. She's been paying the mortgage, but we're afraid to tell them that he's passed away for fear that they'll try to take the home since she's not on the mortgage. What should we do? Should we go through probate court since he didn't have a will? HELP!
Thank you in advance.
I cannot give you advice on your mother's issues for ethical reasons. She needs to see a probate lawyer before she does anything. I also do not know if she and your father lived in Georgia or elsewhere.
Your mother can talk to the mortgage company and get added to the mortgage as she is an heir of your father. However, before she does that, she should talk to a probate attorney regarding probate of your father's estate. You say that there was no will. Then Georgia, like all states, has intestacy laws and your father's estate will be divided between his wife and children, less any spousal allowance. I do not know how the land was owned, what other assets are in the estate, if there are any bills for the estate and how the land in question was owned (tenancy in common, joint tenancy or joint tenancy with right of survivorship/tenancy by the entireties). The answer may affect what your mother does next and only she and a probate attorney can make that call.
I cannot give you advice on your mother's issues for ethical reasons. She needs to see a probate lawyer before she does anything. I also do not know if she and your father lived in Georgia or elsewhere.
Your mother can talk to the mortgage company and get added to the mortgage as she is an heir of your father. However, before she does that, she should talk to a probate attorney regarding probate of your father's estate. You say that there was no will. Then Georgia, like all states, has intestacy laws and your father's estate will be divided between his wife and children, less any spousal allowance. I do not know how the land was owned, what other assets are in the estate, if there are any bills for the estate and how the land in question was owned (tenancy in common, joint tenancy or joint tenancy with right of survivorship/tenancy by the entireties). The answer may affect what your mother does next and only she and a probate attorney can make that call.
