Legal Question in Real Estate Law in Indiana
Mortgage Questions
My grandmother recently passed away and had no will. My Father (son) was already living there when she died. The problem is her daughter is trying to have my parents take over the mortgage payments without changing the name on the mortgage. Their are also several credit cards with balances owed. Which the daughter does not want to cancel. What are there options besides getting the house in their name by taking out a mortgage?
1 Answer from Attorneys
Re: Mortgage Questions
Your grandmother and her progeny are creating a mare's nest of problems by ignoring the legalities. Continued use of her credit cards is fraud and subjects the user to criminal prosecution. Title to the house can never be valid except through probate. If her son was taking care of her while living in her house, then he might have a claim against the estate for his services during that time (offset of course by free rent, if that was the case.) I suggest they gather up all their problems and deliver them to the offices of a lawyer. Good luck.
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