[lnfm00]

I need some help my 28 yr old brother passed away but owes mortgage with bank of america he was not married and no kids.My mother and are the only one's left and have all his info how do we continue payments and how would we change it to mothers name or my name.What is the smartest and safest way to go about it

[AK lawyer]

The real estate was owned by your brother, subject to the mortgage?

It might depend on which state or country you are in, but in general you need to apply to the probate court to be appointed personal representative. Depending on whether he left a will or not, the property would pass to whoever is named in the will or (if not) you and/or your mother. But this doesn't happen automatically; normally probate is necessary.

In the mean time, continue to make payments to BoA, assuming you desire to retain the property. If, for example, it's upside-down you, are not obligated to pay, should you wish to just walk away. I am unclear why you are confused about how to continue making payments, if you want to.

[lnfm00]

Were in the state of Texas and No will was left my mother and I are the Beneficiaries on other accounts.. There will be no problem in making monthly payment I am just concerned if it is recommended to change the name.. and then if bank will make us pay.. for a transfer..

[lnfm00]

Home mortgage