I have been married for many years and most of our real property has been purchased in my husband's name. We have done a will and in the will he leaves the house to me . However, because we have only been in our home 6 years, there is still a mortgage involved. If he passes away, the house will be paid off, but how will I get the deed in my name. I thought of doing a writ of survivorship, but did not know if that would be enough. What steps do I need to take to ensure that I get to keep my house if he passes away.
2 Answers from Attorneys
You need to sit down with a lawyer and determine if it is more advantagous to change the deed now to avoid probate or to deal with things in probate down the road. There are pros and cons to each that should be discussed with a lawyer and should have been discussed by te lawyer who wrote your will.
IN amplification of Mr. Ashman's answer, if you choose to let matters stay as they are, you will need to probate your husband's will, and the executor will have to execute and file an "executor's deed of assent" to carry out the transfer of the house to you. Since the mortgage will be paid off at his death, there should be no difficulties with the mortgage holder; but the mortgage should be paid before the deed of assent is filed.
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