Legal Question in Wills and Trusts in Texas
Mortgage in Deceased Mother's name, deed in mine
I am one of 4 heirs, our Mother died two years ago, leaving her house proceeds to be divided between the 4 of us. I am also one of 2 co-executors. I lived with our Mother to help care for her, and shortly after her death, I became disabled with multiple surgeries. As there was no way I could move, one of the heirs suggested we deed the house to me, in order to claim homestead/disability on taxes. Throughout this time, I was paying the mortgage, association fees, etc. The heir that suggested this decided his friend that had a firm complete the paperwork instead of our estate attorney. Everyone signed over their claim and the deed was changed. My question is the mortgage is still listed in my Mother's name, deed in mine and I've just received the form from the mortgage company for 2008 tax information in my Mother's name for principle and interest: how do I proceed on this as well as my own taxes? I've been told not to approach the mortgage company, as I am going through the SSD application now and although I have a decent amount of funds, it has shrunk dramatically this past year. I should also add we have not finalized probate, as that was to happen with the sale of the house.
1 Answer from Attorneys
Re: Mortgage in Deceased Mother's name, deed in mine
Your situation is too complex to adderss here. Your question invovles property law, probate, social security and tax issues. I suggest you hire a lawyer. You may have already made a serious error which could effect the outcome of your apparent strategy. Good Luck.
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