Legal Question in Wills and Trusts in North Carolina
Property Deed in NC
If someone passed away leaving a mortgage on their property, can a change of deed on the property be filed? Also, if they died before the dead was filed, is the will still valid or does the dead trump the will?
1 Answer from Attorneys
Re: Property Deed in NC
The deed does not make the mortgage go away. The person recieving the property in the deed will take the property subject to the mortgage. The mortgage must still be paid or the mortgage company may foreclose. A will only passes property owned by the decedant. If the deed is valid, it falls outside of probate and controls the property, not the will. There are exceptions and details regarding whether a deed or will is valid, please contact me to discuss. I have many out-of-state clients with cases in Michigan. johntatone.com
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