Legal Question in Wills and Trusts in Georgia

If you really asking whether the lender is forced to accept your daughter (or anyone else) as a substitute borrower on the loan documents, the answer is no (absent an extremely rare loan document provision stating otherwise). There is a reason lenders require an application process for borrowers. Your daughter can apply for a loan.

Scott is POSSIBLY incorrect in this case.

In most probate situations, you can leave the property subject to the mortgage and not have a problem. Have a lawyer properly prepare the will.

I assume that you are not trying to add your daughter to your existing mortgage during your life. If you were, thenyou, she and the mortgage company would all have to have a talk. Sometimes the mortgage lender may do this. This seems to be the situation Attorney Riddle was addressing.

You ask though what happens if you die. if you have a will, your named beneficiaries will get the property. If you don't have a will, then your heirs, as specified by state intestacy law law, will inherit the property. In either case, If the property is encumbered by a mortgage, then the heirs will inherit the land subject to any existing mortgage, unless your will provides that the mortgage be paid off out of your other assets and that you intend for them to take your property free and clear. I don't know the balance remaining on your mortgage or if you have insurance to pay off the mortgage so that your beneficiaries don't have to worry about the property being encumbered.

If this is your situation, then contact a lawyer in your area so that your will is properly drafted. Even if this is not your situation, I would strongly encourage you to make a will to ensure that your daughter inherits your home if that is what you want.