[SBrazington]

My father recently passed away.. a few years back his house was refinanced and my sister was added. I've lived with him and have cared for him for 17 yrs. Prior to the refinance I was on the home loan.. but do to my husbands death my credit score took a dive.. once they refinanced I was kept on the deed. . I'm also the executor of the estate.. my sister has never paid a dime and has no interest in the home.. I'd like to stay here in the home and continue to make the payments withour refinancing. I know I wouldn't qualify.. . do I have to refinance? What should I do. Her's and his name are also on the homeowners insurance.. am I safe just making the payments..

[AK lawyer]

..... am I safe just making the payments ..?

No. Your sister, or her heirs, would still have a claim to the house.

As executor (have you applied to admit the will to probate?), you should convey your father's interest in the home to whomever is entitled according to the will. I suggest you avoid, if possible, a tenancy in common. To do so, you will need your sister to convey her interest in the property to you.

I believe probate is an exception to the "due on sale" clause in most mortgages. So getting the bank's permission should not be a problem. But I advise you to seek the assistance of an attorney.