Can we still get the house? 22 Answers as of October 24, 2013

2.5 years ago my grandma helped my wife and I get a house for a wedding present and we pay the payments. We have not so good credit because my mom defaulted on some things that she used my name on. My grandma suddenly died from a drunk driver hitting her. It is in the will that we get the house, but it is in her name. Since our credit is less than desirable, how will this work?

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Christine Sabio Socrates Attorney at Law | Christine Socrates
Your grandmother's will and her estate will need to be probated in order to transfer the house that is in her name. Since she left you the house in her will, you will be able to transfer to you. However, if there is still a mortgage on the property, you will have to assume the mortgage. In other words, you will have to apply to take over the loan or get financing to take on a new loan to cover the remaining mortgage. I hope this helps.
Answer Applies to: Ohio
Replied: 10/24/2013
James Oberholtzer, Attorney at Law
James Oberholtzer, Attorney at Law | James Oberholtzer
If her estate assets are greater than her debts, you will get the house at the end of the probate process. Depending on what the Will says you may get the house subject to the existing debt or debt free.
Answer Applies to: Oregon
Replied: 10/21/2013
Law Office of Edward M. Burgh, APC | Edward M. Burgh
The Probate Court should follow the Will. Considering hiring a Probate Attorney to represent you. His/her fees are set by Statute.
Answer Applies to: California
Replied: 10/16/2013
Law Office of Pamela Braynon | Pamela Y. Braynon
You'll need to retain an attorney to go into probate court. The judge will appoint whomever your grandmother named as the personal representative, the person who will administer the estate. Once any outstanding bills are paid, distribution will take place where the judge will sign orders to place the house in your name if it is in the will.
Answer Applies to: Florida
Replied: 10/16/2013
Gates' Law, PLLC | Thomas E. Gates
You can get title to the house during the probate of the estate. If there is money still owed, you would have to pay it off. You can refinance if you wish.
Answer Applies to: Washington
Replied: 10/15/2013
    Frederick & Frederick PLC | James P Frederick
    It depends. The mortgage company probably will not care, as long as you continue to make payments. If you miss payments, it could create huge problems for you. After a period of time, you may want to refinance. The estate *can* stay open, indefinitely. You probably do not want that to happen, though, in order to keep your costs down. I would suggest that you meet with an attorney to review your situation in detail.
    Answer Applies to: Michigan
    Replied: 10/15/2013
    Stephens Gourley & Bywater | David A. Stephens
    The probate court will award you the house. You should continue to make the mortgage payments. Otherwise the mortgage company will be able to foreclose.
    Answer Applies to: Nevada
    Replied: 10/15/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    The estate will have to be probated.
    Answer Applies to: Michigan
    Replied: 10/16/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    The house will be transferred to you by the personal representative at the close of probate. Unless grandma's will says otherwise, you will take it subject to the mortgage. As long as you make the mortgage payments, you'll be fine. As a matter of fact, great opportunity to resurrect your credit.
    Answer Applies to: Oregon
    Replied: 10/15/2013
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    Hire a lawyer to file a petition for probate.
    Answer Applies to: California
    Replied: 10/15/2013
    Danville Law Group | Scott Jordan
    "Getting the house" simply means transferring title. If your grandmother did not have a trust, you will need to file probate for her will. Upon a court order, you can then transfer title into your names. You should also be able to refinance the loan into your name.
    Answer Applies to: California
    Replied: 10/15/2013
    Donald T. Scher & Associates, P.C.
    Donald T. Scher & Associates, P.C. | Donald Scher
    You need to open a probate case and get a court order distributing the house to you, according to your grandmother's Will. The mortgage lender may have the right to demand that the loan be paid off, however, that does not seem to be the common practice, so long as you are making the payments as required.
    Answer Applies to: Arizona
    Replied: 10/15/2013
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Find a probate lawyer who will open probate. Just make the payments.
    Answer Applies to: California
    Replied: 10/15/2013
    Law Office of Nathan Wagner
    Law Office of Nathan Wagner | Nathan J. Wagner
    So sorry to hear about your loss. Your credit has nothing to do with this transfer. If she left the house to you in a valid will, the probate court should order that the house be placed in your name. You may wish to talk to a local probate lawyer who can help you with this transfer.
    Answer Applies to: California
    Replied: 10/15/2013
    Law Offices of R. Christine Brown | R. Christine Brown
    The person named as Executor of the Will must file a petition for probate so that a probate estate can be opened. After the estate administration is completed, the Executor can request permission from the Court to transfer the house to you.
    Answer Applies to: California
    Replied: 10/15/2013
    Victor Varga | Victor Varga
    An estate has to be opened to transfer the title per the terms of the will. As far as the mortgage, as long as you continue to make the monthly payments in a timely manner, the bank won?t care, as long as they are getting their money.
    Answer Applies to: Maryland
    Replied: 10/15/2013
    Neil J. Lehto, Esq.
    Neil J. Lehto, Esq. | Neil J. Lehto
    The home will be your's once it passes through probate court. Your credit is irrelevant.
    Answer Applies to: Michigan
    Replied: 10/15/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    If you have been regularly paying your mortgage and other bills, you should be able to work with a bank or mortgage company to get a loan. The executor of the estate will handle the legal transfer of the property from the estate to you and your wife (if the bequest names her as well as you). Another concern is if some of the creditors from your mother's actions come after the house for payment of what's owed to them. Talk to a credit counselor or an attorney about how to deal with this.
    Answer Applies to: Nebraska
    Replied: 10/15/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Obtain the services of a probate lawyer to probate your grandmother's will who can assist you in obtaining the title to the property; of course subject to the outstanding mortgage, that will need to be addressed. You should talk with the lender to assist you als,o to determine if they will retain the same mortgage allowing you to pay the mortgage and switching the obligation to you for payment.
    Answer Applies to: California
    Replied: 10/15/2013
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    You have a few moving parts on this one.
    Answer Applies to: Texas
    Replied: 10/15/2013
    James Law Group
    James Law Group | Christine James
    You need to talk to an attorney AND a lender and see what can happen. If you cannot afford to put the house in your name, you will have to sell it, pay off the mortgage, and start over with a new house. It is not a great situation but it is better than nothing. At James Law Group we make every effort to respond to you quickly and efficiently. This means we may be responding to you from a mobile device. As you know, responding on these devices can result in typographical errors that my otherwise not occur. In order to provide this extra service, please be aware of this and excuse any errors that may be caused by responding in this forum. The content of this message is protected by attorney-client privilege.
    Answer Applies to: California
    Replied: 10/15/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    I am sorry for your loss. A probate needs to open to handle your grandmother's estate and if there are sufficient assets to pay the creditors you will receive the home, subject to the loan unless the Will provides otherwise. You should sit down with a probate attorney to address the issues and determine your next steps.
    Answer Applies to: Nevada
    Replied: 10/15/2013
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