Legal Question in Wills and Trusts in Illinois
Is it legal to get a mortgage in a deceased person's name?
If I live in my mother's house, and I have power of attorney at her death and I am the executor of her estate, and all of her assets are distributed to me, is it legal for me to keep the home in her name, and obtain loans in her name if the will states it? Also can I keep the joint accounts that are in mine and her name like checking account, credit card, etc the same, with her name on them?
2 Answers from Attorneys
Re: Is it legal to get a mortgage in a deceased person's name?
Hello. I suggests that your mother's home be put
in a land trust naming you as the main beneficiary. On the other hand, you should not
use your mother's name to get loans. This is
fraud and you do not want the county prosecutor
to bring charges against you. Of course an estate needs to be opened. I will be happy
to answer any additional questions you may have.
Re: Is it legal to get a mortgage in a deceased person's name?
You MUST file the will within 6 months after death or you can be charged with a misdomeanor. The will gives you power to get a mortgage in the name of the estate, until the house passes to you. Then you must get a mortgage in your name.I can help you get a mortgage. All estates must be closed within 18 months after filing unless there is a contest. That, and fraud (you can be arrested and convicted of bank fraud). The joint accounts are yours even if they are mentioned in the will. Please call me today to get the estate opened. George M. Zuganelis, (773)237-3516.
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