Legal Question in Wills and Trusts in New York

My mother passed away and did not have a Will. Her name is on the mortgage only but both my name and her name is on the Deed. What legal documents do I need to speak with the mortgage company to begin handling our affairs? I want to keep the house.


Asked on 2/20/11, 11:29 am

2 Answers from Attorneys

Arnold Nager Arnold H. Nager, Esquire

My condolences on your mother's death.

If you were on the deed as a joint owner, the house is yours as the surviving owner.

In terms of the mortgage, it may well be that its terms call for it to become due in full upon her death.

Why not continue making the monthly payments as if she were still alive. They don't care who writes the check, just that they are paid on time.

Of course, if you have good credit and can get a lower interest rate, it may be worthwhile refinancing in your own name.

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

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Answered on 2/21/11, 8:32 am
Rudolf Karvay Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.

If the bank will not speak with you, you may need to apply to be appointed administrator of your mother's estate. I suggest that you speak with an attorney to determine the best course of action for your situation.

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Answered on 2/22/11, 7:15 am


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