Posted on: 30th Jul, 2007 09:22 am
My mother recently passed away. About a year ago her husband quit claimed the house to her. Does this mean that he has no rights as an heir to her estate? What happens if he doesn't pay the mortgage and the taxes while the estate is being settled?
hi melissa,
welcome to mortgagefit discussion board.
sorry to hear about your mother's death.
regarding the quit claim deed, yes as her husband had quit claimed the house, he has no rights to claim any share out of it. but what portion out of the other properties of the estate he receives will depend on how the will has been created.
there will be other properties apart from the house which are part of the estate and whether he will get anything out of those will depend on what has been stated in the will.
the mortgage company will demand full pay off as at the time house was quit claimed to your mother it should have been refinanced in her name but that was not done. and her husband continued the payments. this is considered as a violation of the mortgage agreement.
do let me know if you have any other questions.
thanks
blue
welcome to mortgagefit discussion board.
sorry to hear about your mother's death.
regarding the quit claim deed, yes as her husband had quit claimed the house, he has no rights to claim any share out of it. but what portion out of the other properties of the estate he receives will depend on how the will has been created.
there will be other properties apart from the house which are part of the estate and whether he will get anything out of those will depend on what has been stated in the will.
the mortgage company will demand full pay off as at the time house was quit claimed to your mother it should have been refinanced in her name but that was not done. and her husband continued the payments. this is considered as a violation of the mortgage agreement.
do let me know if you have any other questions.
thanks
blue
Hi Melissa,
If the will is made after signing the quitclaim deed, then only your father gets the right to your mother's estate. Otherwise, the quitclaim will supersede the will and he will have no claim to the property.
Now, if the loan is in his name, he will have to pay for it. But incase he does not pay, and the IRS places tax returns on the property, then to save the home, you yourself may have to make the required payments for it.
If the will is made after signing the quitclaim deed, then only your father gets the right to your mother's estate. Otherwise, the quitclaim will supersede the will and he will have no claim to the property.
Now, if the loan is in his name, he will have to pay for it. But incase he does not pay, and the IRS places tax returns on the property, then to save the home, you yourself may have to make the required payments for it.