my mother in law left one of her homes to my husband who has lived and made the house payment for the last 7 years.what doe we need to do to assume they loan and does the will have to go to probate because of this ?
1 Answer from Attorneys
Your answer depends upon how your mother in law "left" the home to your husband. Was it by will, beneficiary deed, quit claim or some other deed, etc.? In general, you cannot assume the loan under these circumstances and probate may or may not be required, depending upon the facts above and the value of the house, minus the loan.