My husband died and the house was in his name only. His daughter is trying to sale the house without my permission. I am legally marrried to him and I need to settle his estate. How do I get the deed in my name. What should I do. She is trying to sell it and she is a realtor.
As your husband died without leaving a will, you need to file an affidavit of heirship along with his death certificate with the probate court. The court will then decide who should inherit the property as per the laws of intestacy. I do not think it will be possible for your daughter to sell the house without her name being on the title.
Posted on: 10th Jun, 2009 09:13 pm
Welcome to forum.
I would like to advice you that, If she is 18 year old then she is the real owner of property & she can do anything with property without your permission i think you can’t do anything without courts justice.
Thanks & Regards,
gunz.ijjistaff. 😆 😆 😆
Posted on: 11th Jun, 2009 01:10 am
gunzi, i don’t understand how you came up with that. why would the 18 year old daughter of a deceased man have precedence over his widow? i don’t disagree with the last few words as far as the legal process is concerned. but you’ve made a pretty bold statement: she is the real owner of property.” do you have a specific citation of law that reflects that to be truth?
My husband passed away last week. Both of our names are on the deed to the house. The last time we refinanced, the loan was in only his name. Can I just continue to make the payments? What do I do?
Posted on: 10th Jun, 2010 06:59 am
Sorry, I didn’t mean to post my question on someone elses question.
Posted on: 10th Jun, 2010 07:00 am
Welcome to forums!
The lender will want you to refinance the loan in your name and then make the payments. If you are unable to do so, you can apply for a simple assumption in order to get the loan transferred in your name.
Feel free to ask if you’ve further queries.
Posted on: 10th Jun, 2010 10:32 pm
As you said that the mortgage is in your husband’s name, in that case you can consult with your current lender and re-finance the loan in your name. However, you need to qualify for the re-finance. If you cannot do a re-finance then you can apply for a simple assumption and get it transferred in your name. First you consult with your lender and check out the options open for you.
Posted on: 22nd Jun, 2010 07:17 am
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