Legal Question in Real Estate Law in Pennsylvania

Re: mortgage and refinancing

Is your daughter an adult? She cannot have title to property or be on a loan if not.

Is your daughter on the deed with you now? Would she want to be on the loan? Usually, the people on the loan would also both/all have to be owners of the property.

You should provide for what happens to your property by having a Will. You should also have other will documents -- a Living Will / Advance Health Directive, Durable Health Power of Attorney, and a Durable General Power of Attorney.

It's a bad idea to add people to the title on your property to avoid having a will. If you've heard that estate administration is difficult or very expensive, that is not true in PA.

You should consult with an estates lawyer to help you with your planning and to decide what to do with the property and the loan so that it matches your planning goals.

Re: mortgage and refinancing

you have to add her to the title if you will add her to the loan. It will be a bank requirement. If something happens to you, your daughter will own the property and be the only one responsible for the loan.

Re: mortgage and refinancing

I assume the home is in your name alone presently. If it is in joint names with your daughter and held as joint tenants with right of survivorship it would pass to her upon your death. If her name is not on the deed the mortgage company may require her name be added in order to procure the loan. it is also possible that they will not require this. In any event you certainly should consider having a will. And if the property is not held jointly or her name added to the deed you can certainly provide for her in your will as regards the property in question. You should discuss this matter with an attorney versed in estate and or real estate law. if you would like to schedule an appointment to discuss the mater with my offrice then you may contact me.