Legal Question in Real Estate Law in California
My father inlaw died about 7 yrs ago,He left a will stating that everything, will be passed over to his daugther to include the house (wish iam paying the mortgage) my question is that the mortgage holder still have his name on the mortgage account but they know that he is non longer living and that iam paying the mortgage payment,and that iam also the executor for the will. can the mortgage account be transfer to my name,or my wife
since we intent to keep the house.
3 Answers from Attorneys
Ownership of the property is now the daughter's, and title should and will be in her name once the Probate court issues the appropriate orders. Anybody can pay the mortgage, but that doesn't make the house theirs. The daughter [property owner] will decide if you get to stay in the house, and under what terms. You may have a claim to raise in the probate court regarding your payments of the mortgage, but you should consult with local probate counsel to see if those payments amount to anything other than rent for your use of the property.
It takes the consent of the lender to change who is personally liable on the underlying promissory note.
I would also add that being the executor of the will gives you duties and responsibilities, not rights to property. I advise treating the office of executor with great respect, and learn what the court and the heirs expect of you and follow the rules and procedures with caution and care.
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