My 38 year old son passed away. He did not have a will. . I held the mortgage to his home in New York State. He lived with his father (my ex husband) and his fiancé. The home is in a trust and his estate will be going to probate court. This will take months, I want to let his dad live there until the estate is settled. If I collect mortgage from his dad will he then have legal rights to the same mortgage home after probate is settled?
1 Answer from Attorneys
Please accept my condolences on the loss of your son.
This question is too complicated to answer by email. There are a lot of different facts to considered before your question can be answered. Who is handling your son's estate: you or his father? There are simply too many unknown facts here for me to give you an opinion.
Good luck, and once again, please accept my condolences on the loss of your son.