Legal Question in Wills and Trusts in Georgia

Intestate-Dilemma
My dad died intestate this year. My mom and I are the only survivors. My mom thought that the mortgage on their house would be paid off upon his death; however it was not.
We have continued to pay the mortage and now want to pay it off, but are preplexed about how to proceed because the mortgage is in my dad's name only. There are no liens or 2nd mortgages. What is the first thing that we need to do?

Asked on 12/09/04, 12:09 am

3 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

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Re: Intestate-Dilemma

There should be no problem. The mortgage company doesn't care where the money comes from. Just call them up and ask for the payoff amount and send a check.

Answered on 12/09/04, 11:07 am

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Harold Holcombe Harold D. Holcombe, P.C.

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Re: Intestate-Dilemma

You can go ahead and pay it off because the bank doesn't care where the money comes from. The loan will be paid off, but the property may still be in your fathers name. So, you need to make sure that the title to the property is corrected now. Check the warranty deed to see who is on "title" then proceed accordingly. You may need to probate the estate so that you can get the title in your Mother's name. I would recommend you do this now rather than wait until you decide to sell it later. It's not that expensive and it may save you lots of money and headaches if you do it now.

Answered on 12/09/04, 2:39 pm

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