Posted on: 24th Mar, 2010 09:32 am
my mother resides in a home in detroit, mi that she purchased with my dad; he passed a year ago..we filed the death with the wayne county register of deeds...she has no will....she took out a second mortgage with my dad before his death and owes approx. $35,000.00. how do we change the deed to her name and her four surviving children? should we be concerned that the property tax statement still comes in her name and my father's name? we sent a copy of the death certificate to her mortgage company so they are aware of my dad's death
Hi Margaret,
Since your father did not leave any will, your mom and her four surviving children will have to file an affidavit of heirship with the probate court in order to change the property deed. Once the deed is changed in the names of your mom and her children, the tax statement will come in their names. The mortgage lender is aware of your father's death. So, they are not going to object to any change to the property deed. However, the mortgage payments will have to be paid on time to avoid any foreclosure action by the lender.
Since your father did not leave any will, your mom and her four surviving children will have to file an affidavit of heirship with the probate court in order to change the property deed. Once the deed is changed in the names of your mom and her children, the tax statement will come in their names. The mortgage lender is aware of your father's death. So, they are not going to object to any change to the property deed. However, the mortgage payments will have to be paid on time to avoid any foreclosure action by the lender.