My wife's grandmother left her home to her and her mother at her passing. She passed away in 1989. Her mother has been living in the home, but owes my wife approx. $30,000 when the home is sold. What we have that shows this is a signed document by both parties. Paper was signed before a notory public. Home was paid in full at her passing, but her mother has borrowed against the home. Do we need to have a lien placed on the home to protect our interest???
Thank you.
DP

Fr_Chuck

This is being done completely wrong, if and when the home was left at probate in the will, the one person who wants the house is to buy the other out THEN, either by getting a new mortage or at least a new first lien on the property to your wife.

But normally the property is either just sold them and the money divided.

And if the hosue is in your wifes name and the mothers name, she should not be able to get a loan on it without your wifes signing.

Something very wrong is going on, please get a real estate or maybe a probate attorney.