Legal Question in Wills and Trusts in South Carolina

I live in south Carolina my husband recently passed the loan for our house the deed was in his name as well as mine His daughter is informant on the will we do not communicate. I think we have insurance that pays off. Mortage but I am not sure I am currently trying to get my social security disability so I have no income if the house is not payed off thru insurance am I safe in assuming I can't wait til I know for sure when this goes to probate to know status of loan r can they foreclose on house even though it is in probate


Asked on 9/14/12, 9:28 am

1 Answer from Attorneys

Barbara Strowd Barbara A. Strowd, Attorney at Law

You stated that your name was also on the deed and mortgage. If you are on the mortgage you can contact the mortgage company about the insurance to pay-off the home. Usually this insurance is provided by the mortgage company. If you have a mortgage statement you may find the premiums for the insurance on the statement. If the insurance was carried by another company you will need to find out who holds the policy so that you can get the home paid for. If you are not paying the mortgage the mortgage company may foreclose. Contact your mortgage company and let them know about your current situation. The mortgage company does not want to foreclose on your property--that is not how they make money. If you do not communicate with the mortgage company they will not know what is happening and may foreclose. My advice to you is to do whatever you can to find that insurance policy. Once probate is opened you will be able to go to the probate court and look at the file to find out what is going on. I hope this information helps.

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Answered on 9/21/12, 5:08 am


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