If my husband and I own a house and my husband dies, can his son can claim part of the house?
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If my husband and I own a house and my husband dies, can his son can claim part of the house?
I mean is he entitled to the amount of the equity we have or to the entire value of the house. We have very little equity, only 6%.
Asked on February 17, 2014 under Estate Planning, California
Answers:
Anne Brady / Law Office of Anne Brady
Answered 10 years ago | Contributor
You son will inherit the house burdened by the mortgage. If the mortgage company does not want to do business with your son, they can call the note due and payable. Usually, the bank will allow the person who inherits the house to take over the mortgage because they want their payments more than they want the house.
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