Legal Question in Wills and Trusts in New York
Property without Will
My father bought a house in January 2000. He passed away in June 2000. I have two brothers, but, my father wanted the house to go to me. My brothers have no problem with this, but, my father never did a will. The mortgage and deed are in my father's name and I have been paying the mortgage. Many people have told me that if I notify the mortgage company, they may want the mortgage paid. My credit is terrible due to a divorce and my house foreclosed. I want to get the house and mortgage in my name, but, I don't know what to do. I am afraid to call the mortgage company for fear of losing the house. I have been living in the house since my father bought it. I am also paying homeowner's insurance, but, everything is still in his name. Please advise me as to what I may be able to do so that I don't lose the house.
2 Answers from Attorneys
Re: Property without Will
The answers under NY law will depend on development of the facts and circumstances. There are NY estate administration issues and NY real estate issues that need to be carefully considered and dealt with. There are certain time periods that are applicable for administration of a regular estate. An experienced estate planning/administration and real estate attorney should be able to handle this under NY law. Please note that my legal services are available only with a signed engagement agreement. If I can be of any help to you or people you know, give me a call as I would be pleased to provide legal support. Sincerely, Robert Beatson, II; 11-11-2001, 11:05 p.m. EST; Law Offices of Robert Beatson, II; 9818 Glynshire Way, Potomac, MD 20854; Tel/Fax 301-340-2951; email: [email protected]; website: www.beatsonlaw.com; Licensed to practice law in DC, MD, VA, and NY.
Re: Property without Will
Your siblings can give you a deed to the house. No problem.
If you take a deed from the administrator of the estate and deeds from your siblings you will own the home and the mortgage company's security is solely the the home. No individual is personally responsible for payment. That's great. As long as you pay the mortgage, etc. it is highly probable that you will not be disturbed.
You have to examine the mortgage document itself and determine if death or a transfer of the house can trigger a default.
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