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pastry25 · Aug 11, 2007, 07:22 AM

My grandmother just past away and she did not have a will in her name. She owned a home and was still paying the mortgage. My grandmother also did not have anyone else on the deed and it was not a joint mortgage. My mother and aunt lived with my grandmother as well as the grandchildren. Should my mother get an attorney? Or is there nothing they can do about the house. I know that would be the mortgage company handling things. Let me know what can happen.

DianeV Sr Loan Officer · Aug 11, 2007, 03:31 PM

Depends on the state estate laws. My general knowledge is that the estate needs to be probated. The court will appoint an executor of the estate to handle all the final financial concerns of your grandmother. I think the house goes into the estate and the estate would work with the mortgage co. The estate can also sell the property and divided the proceeds among the heirs. You need an estate lawyer.

ScottGem · Aug 11, 2007, 04:46 PM

If she died intestate (without a will) then there is an order of inheritance dictated by state law (you should be able to find it online). If she had no husband, then her children share equally. If there were no children (and there appears to be 2, your mom and her sister, your aunt) split the estate.

Now, if your mom and her sister are the only heirs and there are no other significant debts besides the house, then they should approach the mortgage company explain that their mortgagee has died and they inherit. Ask them to transfer the loan into their names.

It may not be necessary to probate the estate if its small. But someone will be needed to be executor so they can sign over the property from the estate to the heirs.