Will my deceased mother’s house go into probate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Will my deceased mother’s house go into probate?
My mother passed away about 2 weeks ago with no offical Will. I’ve searched her home and cannot locate any information concerning the house. Her house has about $22,000 left on it. I’m worried it is going to go into probate. my brother and I have agreed that the house be willed to me. Would the house go into probate?
Asked on July 30, 2012 under Estate Planning, Oklahoma
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your loss. Yes, the house is part of the probate proceeding and under the intestacy statutes in your state (those that govern what happens to an estate when a person dies with out a Will), I believe that you and your brother share equally. Now, he could renounce his portion of the house and take a different asset in stead or how ever you agree. If the house is then placed in your name via executor's deed you would take it "subject to" the mortgage and the lendler has to let you pay it off and can not call in the loan. Get help. 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.