What is the first thing that needs to be done if my father passed away and left me his house in his will

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What is the first thing that needs to be done if my father passed away and left me his house in his will

My father just passed away. He left his
me his house in his will. His house has
a mortgage. I’m not sure what is the
first thing that needs to be done

Asked on March 20, 2018 under Estate Planning, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss.  The estate should continue to pay the mortgage on the house until transfer to you.  If you can not access estate assets to do so and you pay it then you will get credit for the payments.  Now, this type of transfer does not trigger the "due on sale clause" of a mortgage.  You can continue to pay it until it is satisfied even after the transfer of the deed.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption