Legal Question in Wills and Trusts in Texas

obligations for only living heir

My mother and stepfather died, leaving a mortgage on their house. There was no will. They mortgaged the house for $20,000 . $17,000 is still owed on it. We are living in the house now. The mortgage company wont talk to us but the sure take our money every month. Now they are increasing the monthly payments because they have insurance to cover the house. My question is can they do that? We have insurance that we pay on every month. We are behind on the payments because I had a heart attack about 2 years ago. We live on social security below poverty level and the medical bills are really 'strapping' us. Are we even obligated to pay that mortgage? The house is not in our name. It is in my mothers name.


Asked on 3/23/09, 7:30 pm

1 Answer from Attorneys

Re: obligations for only living heir

Do you want to keep the house? If so, you should have it re-titled to yourself. As for the insurance, you have to be compliant with the terms in the loan documents. THe insurance you have may not meet the requirements. Contact a law office about having the house retitled. It's not necessarily expensive, but fact specific.

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Answered on 3/23/09, 7:59 pm


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