Legal Question in Real Estate Law in Virginia

When my mother-in-law became ill, my husband and I paid her mortgage for two months. When she passed away, we moved into the home and continued paying the mortgage in the estate of:. How do we go about getting the mortgage transferred to our names?

Asked on 2/03/12, 7:43 am

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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The estate which likely includes this home will need to be probated

either via a valid will executed by the deceased or through the intestacy laws of the Commonwealth (Va. Code Sec. 64.1-1).

If your husband is the nearest relative of his now deceased mother, he

could go to the probate division of the circuit court of the locality involved

and depending upon whether there is a valid will which appoints him

as executor--or no such will---apply for letters of administration to probate the estate as either executor or administrator (no will) as may be appropriate.

Ownership of the home then would be conveyed during this process to

whomever might be considered legally entitled to it under Virginia

inheritance laws, and, with the approval of the lender, the new owner's name substituted for the name of the deceased on the mortgage/deed of trust as the

new mortgagor.

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2/03/12, 8:07 am

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