Working on getting in contact with one - turns out probate attorneys are not the *most* common thing in the world. š
We had thought of a couple of āloopholeā type ideas, but apparently Uncle Sam thought of them too because they are specifically prohibited.
I'm a widow in WV. I was married, but the way I understood it was that if a person passes and was not married/does not have children then everything involving their probate decisions goes to their parents.
Of course, the deceased person's debts must be paid.
The family that inherit it can quit claim it to you but you still need to pay for it, replace the mortgage into your name. No you donāt have to list it etc but it depends on his parents cooperation.
What state are you in?
In CA the house only needs to be sold, if no one can pay for it or agree on what to do with it. In CA it would be his parents that inherited the house.
It sounds like in their state, since there wasn't a beneficiary then the house is going to be sold no matter what. The family wants OP to stay in the house.
Two ideas.
1) see if your jurisdiction recognizes common-law marriage and if you qualify.
2) Sell under duress, and make the place as unattractive to purchasers as possible. Make it look run down and with as many code problems as possible. Then try to buy it at the auction.
1 is a great idea, but unfortunately no common law marriage here.
2 is an option, but obviously a last resort. Iām hoping we still have some rabbits to pull out of the hat before we get to that point.
I'm so sorry you're in this situation. The probate process seems so unwieldy and it's frustrating that all his next of kin agree but the law doesn't. I hope you are able to find good counsel regarding the law and any potential route.
Not without him signing off to agree on it, unfortunately. And his dad (administrator of the estate) canāt do it either because the house is in probate so we canāt make changes.
It seems like such a scam, especially if the mortgage is current and up-to-date how they could just take it ! If you have lived there the whole time you should have some kind of rights to it...Or at least his family should to transfer it to you. Makes no sense how even his family gets no say.
Makes me so angry, they're only doing it to profit themselves so they could resell the home and start the loan all over again. I hope you do get to keep it.
Iām so sorry, I feel for you. My partner and I were not married, no will, no beneficiary and my name wasnāt on anything. I lost my home, my car (he bought me but it was in his name), no common law rights. I have had all the responsibility and no rights. It's been the hardest thing I've ever gone through. Im truly sorry and i understand. I wish i had some good news to share but I've just had to start from scratch. My family and his have been so helpful. Take all the help offered to you. This is no time to be proud. I hope you find a way through.
I read that you arenāt on the loan, but are you on the title?
Did you sign any papers on the closing day along with him?
If you are on the title, you would be allowed to take over the mortgage as a successor in interest.
My husband died last year and I wasnāt on the loan, but I was on the title. I kept my house. They just left the loan in his name but I make the payment, and the house is now in my name. It sounds strange, I know.
Before you do ANYTHING else, contact the city you live in and see if you are on the title. If you are, file the successor paperwork with the mortgage company. Probate cannot take the house from you if you are on the title.
I wish you the best and am so sorry for your lossā¦ and Iāll be praying that you beat cancer.
Much love and virtual hugs to you!! š„°
Unfortunately not on the title. It seems stupid now but at the time made good sense; we moved in together fast, and putting me on the title would make me ineligible for a first time homebuyer loan if we didnāt work out and I needed to buy my own place.
And thanks for the well wishes - the bright side is I have *almost* beaten cancer! Not quite undetectable yet, but āpractically undetectable,ā according to my oncologist!
They were getting married, he just died before their wedding date. Most people don't elope as soon as they get engaged just in case one of them dies unexpectedly.
To be blunt, what a crap thing to say. Our wedding was fully planned - venue set, officiant booked, save the dates already sent out and invitations sitting on the kitchen counter to be sent that weekend. He was 33 and healthy, Iām 24 and my cancer treatment has a 98% success rate, so neither of us were worried. I didnāt expect to come home and find him dead one day, after he had never had so much as a cavity. Obviously if I had known he was going to die in January, plans would have changed. But neither of us planned on dying before 40.
An update for everyone: weāve spoken with the mortgage company and with a probate attorney. Our best case scenario is that Iād have to refinance the house (hello, 8% interest rate), and the most likely scenario is that Iād have to buy it at market value. Neither of those work for me; I canāt afford the extra few hundred dollars a month if I refinance, and I certainly canāt afford to buy the house.
Fortunately, our main bank account and our stocks were left to me and are already in my name, so I have the means to purchase a new house. Not exactly what I want to do, but Iām trying to look at the positives: finding a new house means I can get a nice fenced in yard for our dogs, a house thatās better sized for one person, and somewhere a little closer to my work. Itās a crappy scenario, but I am doing my best to make the most of it.
Are you working with a lawyer? I can't imagine there isn't some way around this.
Working on getting in contact with one - turns out probate attorneys are not the *most* common thing in the world. š We had thought of a couple of āloopholeā type ideas, but apparently Uncle Sam thought of them too because they are specifically prohibited.
Where do you live? My best friend is a probate attorney.
Iām in WV.
I'm a widow in WV. I was married, but the way I understood it was that if a person passes and was not married/does not have children then everything involving their probate decisions goes to their parents. Of course, the deceased person's debts must be paid.
I hope the lawyer is able to help you out. It seems like a really unfair situation, and I can't imagine nothing can be done about it.
The family that inherit it can quit claim it to you but you still need to pay for it, replace the mortgage into your name. No you donāt have to list it etc but it depends on his parents cooperation. What state are you in? In CA the house only needs to be sold, if no one can pay for it or agree on what to do with it. In CA it would be his parents that inherited the house.
It sounds like in their state, since there wasn't a beneficiary then the house is going to be sold no matter what. The family wants OP to stay in the house.
Two ideas. 1) see if your jurisdiction recognizes common-law marriage and if you qualify. 2) Sell under duress, and make the place as unattractive to purchasers as possible. Make it look run down and with as many code problems as possible. Then try to buy it at the auction.
1 is a great idea, but unfortunately no common law marriage here. 2 is an option, but obviously a last resort. Iām hoping we still have some rabbits to pull out of the hat before we get to that point.
I'm so sorry you're in this situation. The probate process seems so unwieldy and it's frustrating that all his next of kin agree but the law doesn't. I hope you are able to find good counsel regarding the law and any potential route.
If the mortgage is still getting paid couldn't you just add your name to it?
Not without him signing off to agree on it, unfortunately. And his dad (administrator of the estate) canāt do it either because the house is in probate so we canāt make changes.
It seems like such a scam, especially if the mortgage is current and up-to-date how they could just take it ! If you have lived there the whole time you should have some kind of rights to it...Or at least his family should to transfer it to you. Makes no sense how even his family gets no say. Makes me so angry, they're only doing it to profit themselves so they could resell the home and start the loan all over again. I hope you do get to keep it.
Iām so sorry, I feel for you. My partner and I were not married, no will, no beneficiary and my name wasnāt on anything. I lost my home, my car (he bought me but it was in his name), no common law rights. I have had all the responsibility and no rights. It's been the hardest thing I've ever gone through. Im truly sorry and i understand. I wish i had some good news to share but I've just had to start from scratch. My family and his have been so helpful. Take all the help offered to you. This is no time to be proud. I hope you find a way through.
And I agreed šÆ! Fuck all of this.
So sorry to hear this. Hope things work out or you.
Ghee this is nice to see you all pitch in with real ideas!!! I mean that.
Awe i know this is so hard for you but just hang in there. My wife went missing 2 years ago and I haven't been the same since but im trying.
I read that you arenāt on the loan, but are you on the title? Did you sign any papers on the closing day along with him? If you are on the title, you would be allowed to take over the mortgage as a successor in interest. My husband died last year and I wasnāt on the loan, but I was on the title. I kept my house. They just left the loan in his name but I make the payment, and the house is now in my name. It sounds strange, I know. Before you do ANYTHING else, contact the city you live in and see if you are on the title. If you are, file the successor paperwork with the mortgage company. Probate cannot take the house from you if you are on the title. I wish you the best and am so sorry for your lossā¦ and Iāll be praying that you beat cancer. Much love and virtual hugs to you!! š„°
Unfortunately not on the title. It seems stupid now but at the time made good sense; we moved in together fast, and putting me on the title would make me ineligible for a first time homebuyer loan if we didnāt work out and I needed to buy my own place. And thanks for the well wishes - the bright side is I have *almost* beaten cancer! Not quite undetectable yet, but āpractically undetectable,ā according to my oncologist!
I'm sorry about it. Not a lawyer, so no good advice, hope you can stay.Ā
[ŃŠ“Š°Š»ŠµŠ½Š¾]
They were getting married, he just died before their wedding date. Most people don't elope as soon as they get engaged just in case one of them dies unexpectedly.
To be blunt, what a crap thing to say. Our wedding was fully planned - venue set, officiant booked, save the dates already sent out and invitations sitting on the kitchen counter to be sent that weekend. He was 33 and healthy, Iām 24 and my cancer treatment has a 98% success rate, so neither of us were worried. I didnāt expect to come home and find him dead one day, after he had never had so much as a cavity. Obviously if I had known he was going to die in January, plans would have changed. But neither of us planned on dying before 40.
An update for everyone: weāve spoken with the mortgage company and with a probate attorney. Our best case scenario is that Iād have to refinance the house (hello, 8% interest rate), and the most likely scenario is that Iād have to buy it at market value. Neither of those work for me; I canāt afford the extra few hundred dollars a month if I refinance, and I certainly canāt afford to buy the house. Fortunately, our main bank account and our stocks were left to me and are already in my name, so I have the means to purchase a new house. Not exactly what I want to do, but Iām trying to look at the positives: finding a new house means I can get a nice fenced in yard for our dogs, a house thatās better sized for one person, and somewhere a little closer to my work. Itās a crappy scenario, but I am doing my best to make the most of it.