Legal Question in Real Estate Law in South Carolina

Death without a will

My stepfather died last January without a will. He refinanced a home that is in both his name and my mother's. The refinance company says only his name is on the papers and will not give mom any information without a death certificate. Is mom responsible for the refinance debt? What should be done as the house is not paid for yet and mom cannot afford the payment. There is no equity in the house and it is worth less than what is owed. I am financially unable to help. Can the finance company put my mother out of the house? How long does foreclosure take? Will she be responsible for the remaining debt after sale of the house?


Asked on 12/29/08, 12:24 pm

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: Death without a will

Chances are, that your mother's legal situation is not a complicated one. However, I don't think it would be wise for me to guess. That means that I would need a little more information before trying to render any legal advise. Right now, it appears that both your mother and your father are on the deed. And only your father is on the loan. As far as a Death Certificate, that is easy to get. You can just call the county Coroner's office and they can help with that. It seems like that is the first thing that needs to be done. You can't get too far unless you can talk with the bank. As far as your other questions, they would be a lot easier to answer if I knew a little more. You are welcome to call and I would be happy to tell you anything I can. I do not charge for those type of phone calls. This site will not let me post my phone number in the answer. But you can click on my name and it will come up. Robert Johnston

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Answered on 12/29/08, 5:17 pm


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