Posted on: 23rd Dec, 2008 11:10 am
My mother-in-law and father-in-law were not married but bought a house together. my mother-in-law is the co-borrower on the USDA Rural Developement loan. What happens to the house in probate? She had some debt, can a lien be put on the house, does my husband get part of the house since he is the only heir?
Hi!
Welcome to forums!
If your mother in law has left a will, then the property will go into probate and once the probate is complete, the property will be divided according to the will. If there is no will, then your husband can file an affidavit of heirship at the county recorder's office and get the property transferred in his name. If the debts are not cleared off, then the creditors can put a lien on the property. So its better to pay off the debts.
Feel free to ask if you have further queries.
Sussane
Welcome to forums!
If your mother in law has left a will, then the property will go into probate and once the probate is complete, the property will be divided according to the will. If there is no will, then your husband can file an affidavit of heirship at the county recorder's office and get the property transferred in his name. If the debts are not cleared off, then the creditors can put a lien on the property. So its better to pay off the debts.
Feel free to ask if you have further queries.
Sussane