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    BBH2011's Avatar
    BBH2011 Posts: 2, Reputation: 1
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    #1

    Jan 10, 2012, 05:55 PM
    Deceased homeowner?
    What happens to a home when the homeowners are deceased but the mortgage is still being paid by the children of the deceased?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jan 10, 2012, 06:04 PM
    If there are children then they inherited the home. They should be transferring the property into their name.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #3

    Jan 10, 2012, 08:36 PM
    Depends, did the owner have a will, what did it say about who gets the home?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jan 10, 2012, 08:48 PM
    Not enough details. Was there a will, where is this at.

    Any other names on the deed? Any other names on the loan?

    Has it went to probate court ?
    BBH2011's Avatar
    BBH2011 Posts: 2, Reputation: 1
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    #5

    Jan 11, 2012, 04:39 PM
    The home is in Virginia there was no official will just a letter in a safe stating she was leaving $16,000 to pay the mortgage for the next year there will be 18 months left on the mortgage. We can decided to pay the rest ourselves or sell.
    Only the deceased parents name on the deed and mortgage.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #6

    Jan 11, 2012, 04:43 PM
    So the person who died was never legally the owner? Are those parents still alive or, if deceased, did they leave a will? I think you are going to need a lawyer sometime soon.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Jan 11, 2012, 04:47 PM
    If there was no will, the estate needs to be divided according to laws of inheritance in VA.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #8

    Jan 11, 2012, 04:49 PM
    It is now unclear as to who actually owns this property if the parents of this person have their names on the deed and mortgage.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #9

    Jan 11, 2012, 06:35 PM
    Quote Originally Posted by ballengerb1 View Post
    It is now unclear as to who actually owns this property if the parents of this person have their names on the deed and mortgage.
    It seems perfectly clear to me, with one inconsequential exception. In post #5, OP said:

    Quote Originally Posted by BBH2011 View Post
    ... Only the deceased parents name on the deed and mortgage.
    It could either mean "parents'", or "parent's". So the deed was in the name of one or both parents. They are now both dead. OP says there was no will. Therefore the property would pass to the heirs at law.

    But it has to be probated to properly pass the property to the heirs according to the intestacy rules of whichever state they are in.

    Who is on the mortgage really makes no difference. The mortgagee is entilted to be paid.
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