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Guest

my husband died and im not on title or loan my home is in foreclosure bank doesnt want to work with me do i need to go to probate or what do i file

Guest

My dad passed away in 2004. Wifes name was not on the house mortgage but is on the deed. Wife wants to pay the house off. Will the house go to the wife? Husband had a will and left everything to wife.

adonis · Posted: Tue Jun 30, 2009 8:57 pm Post subject:

Welcome,

To Gina,

If your name is not on the mortgage or on the title deed, then the foreclosure won't effect you. As far as probate is concerned, you need to contact and attorney.

To Alexis,

The wife can refinance the mortgage and pay off the mortgage dues. As the wife's name is on the property deed, she is one of the owners of the property. So the property will go to the wife. Moreover, you've mentioned that in his will, the husband has left everything to the wife. So the wife can probate the will and transfer the whole property in her name.

Guest

Who can complete the first part of this affidavit in California?

jameshogg · Posted: Thu Aug 06, 2009 9:08 pm Post subject:

Hi JStepp,

Your question is not very clear to me. If you want to file an affidavit of heirship, you should visit the county recorder's office and they would help you in filing it.

Thanks

Guest

My husband passed away but the property is still under both our names. I will make a "Will" leaving everything I own to my 4 children. Is it necessary for me to have the property only under my name. or can I just leave the property as it is, under my husband's name and also mine as joint.. Will there be any problems in the future for my children? I don't want to go through the hastle of filing an Affidavit or hiring an attorney to remove my husband's name from the property unless I have to.

smithsussane · Posted: Wed Sep 02, 2009 9:41 pm Post subject:

Hi Elvia!

Welcome to forums!

You will have to remove your deceased husband's name from the property deed. For that you would have to file an affidavit of heirship at the county recorder's office and transfer the property in your name. You can do it yourself but its always safe to take the help of an attorney. Once the property is transferred in your name, then you can draft a will.

Feel free to ask if you've further queries.

Sussane

Guest

Please help me. My husband passed away two months ago. I was going to pay off the mortgage of the house that is under both our names and make a will giving it all in equal parts to my 4 children. Now I have just found out from the American embasy that my husband has a kid 2 years old outside of our marriage. That kid lives in another country but is an American citizent. I want to know if that kid (outside of marriage) is entitle to any part of the house or not. This has me very worried.

jameshogg · Posted: Tue Sep 08, 2009 10:19 pm Post subject:

Hi Elvia,

If your husband was one of the owners of the property, then that child can claim a certain portion of the property as his heir. I would suggest you to contact an attorney and take his opinion in this regard.

Thanks

Guest

NEW YORK CITY.....
From where do i get the form "affidavit of death of joint tenant"? and after completing the form to whom do i give it too? Is the form given to the probate court?
Is the form Free since I see many online that you have to pay for.

smithsussane · Posted: Wed Sep 09, 2009 9:47 pm Post subject:

Hi Cristhian!

Welcome to forums!

You will get the affidavit of heirship form from the county recorder's office. You will have to submit the form there itself in order to transfer the property in your name. Affidavit of heirship forms are state specific and they are available at the county recorder's office. Free forms are available online but it is always better to draft it from an attorney or get it from the county recorder.

Feel free to ask if you've further queries.

Sussane

Guest

My Qustion is I own my house with my mother and the deed reads . . . Anna Marie Tapia a single woman and Lucy Delgado a widow woman as joint tenants. So, my question is she is 82 and does not have a living trust I have 1 sister and everyone says becareful when your mom passes she is going to fight you for the property. So, again if she does pass I was told I would have to quick claim her name off the deed and my sister would not have any rights unless there was a will or living trust. Is that true??

jameshogg · Posted: Wed Jan 06, 2010 10:45 pm Post subject:

Hi Anna,

As there is no will or trust, your sister will be able to claim your mother's share of the property. Like you, she can declare herself as her heir and file an affidavit of heirship to claim the ownership of the property. You can ask your mother to quitclaim her portion of the property to you and reserve a life estate for herself. This will help her in remaining in the property until death. After her death, the life estate clause will become null and void and you would be able to claim the full ownership of the property.

Thanks

Guest

My husband passed away a little over a year ago. By law, do I have to remove his name from the mortgage?

jameshogg · Posted: Fri Jan 15, 2010 11:01 pm Post subject:

Hi suzpet,

Your query has been answered in the given page:
http://www.mortgagefit.com/propertytransfer/husband-passedaway.html

Take a look at it. I hope it helps you.

Thanks

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Husband and Wife as Joint tenants, wife died, title question