Posted on: 05th Jan, 2009 01:28 pm
Does the spouse AUTOMATICALLY inherit the mortgage and property after their spouse passes away ? If the spouse does not want any interest in the property, will a quick claim deed work in this case ? Should the property be paid off first before transfer ? What needs to happen ??
As one of the three children, I do not know what to do next. Please help !
As one of the three children, I do not know what to do next. Please help !
Hi jamie,
The property of the deceased spouse will be divided according to his/her will, if any. If the deceased spouse has left a will, then the will has to be probated and then filed at the county recorder's office.
If the deceased spouse has not left a will, then either the living spouse or the adult children can file affidavit of heirship and transfer the property in their name. If the deceased spouse has given the property to the other spouse who does not want to take it, then that person can sign a quitclaim deed in the name of the adult children. As far as the mortgage is concerned, it needs to be refinanced by the person who is the new owner of the property.
Thanks
The property of the deceased spouse will be divided according to his/her will, if any. If the deceased spouse has left a will, then the will has to be probated and then filed at the county recorder's office.
If the deceased spouse has not left a will, then either the living spouse or the adult children can file affidavit of heirship and transfer the property in their name. If the deceased spouse has given the property to the other spouse who does not want to take it, then that person can sign a quitclaim deed in the name of the adult children. As far as the mortgage is concerned, it needs to be refinanced by the person who is the new owner of the property.
Thanks
Thanks for the informaiton. That will be most helpful.