Legal Question in Wills and Trusts in New York
Wills and Probate
My 24 year old son was named as sole beneficiery in his late father's will. A house with a mortgage was the only 'asset'.
The attorney who drew up the will advised him that he can have the deed /title chnaged to his name at the County Court house, however, he may be asked to pay the entire balance of the mortgage when he does this.
1) What is the process to have the deed/title of the house put in his name?
2) Will the entire mortgage become due when he changes the deed to his name?
1 Answer from Attorneys
Re: Wills and Probate
Q. 1) What is the process to have the deed/title of the house put in his name?
A. The will must be probated. The executor must receive testamentary letters. An executor's deed must be drafted. The executor, on behalf of the estate deeds the house from the estate to the son.
Q. 2) Will the entire mortgage become due when he changes the deed to his name?
A. Yes. However, technically the mortgage debt is due on the date of death.
Mike.
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