Legal Question in Wills and Trusts in District of Columbia
living in house during probate
My mom died and left a testamentary will. her brother is the executor of her will.
she has a home that has a remaining mortgage. I was her major caretaker until her death.
she left me the house. the will states that a trust be started after she dies.
I am the trustee. my credit is not that good, but i have been paying the mortgage.
will I be able to stay in the house while the house goes through probate? I already pay the utilities on a monthly basis.
I have been living in the house all my life. I am 45 years old.
will i be protected by the 1982 bill(germain I think) that was passed dealing with ''due on sale clause'' since the house is bequeathed to me?
will the bank allow me to assume the rest of the mortgage?
1 Answer from Attorneys
Re: living in house during probate
If the house was devised to you(bequeathed is for personal property)in your mother's will, you should be able to stay there during the probate process as long as you're able to take care of all of the financial obligations connected with the property.