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If you willed the home to an heir, the executor of your estate will continue to make mortgage payments until the deed is signed over to the person inheriting your property. A death also triggers ...
The heir has several options, such as moving into the home and assuming the mortgage, buying out other heirs if they also inherited a portion of the property, or selling the house and using the ...
A professional can help you understand what an inherited home may mean to your bottom line. A pro can research whether the property has any liens against it and can help anticipate what the cost ...
A lot of inherited property winds up in probate, which is a complex legal process that evaluates assets and outstanding debt. Probate can be an issue if the deceased doesn’t have a will, but it ...
A will and testament is a legal document that expresses a person's wishes as to how their property is to be distributed after their death and as to which person is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and intestacy.
The modern view is that where a beneficiary was intended to inherit part of the residuary estate who predeceases the testator, and that beneficiary is not covered by the anti-lapse statute, then that beneficiary's inheritance will return to the residuary estate, to be inherited by the other beneficiaries to whom the residue has been willed.
In English common law, fee tail or entail is a form of trust, established by deed or settlement, that restricts the sale or inheritance of an estate in real property and prevents that property from being sold, devised by will, or otherwise alienated by the tenant-in-possession, and instead causes it to pass automatically, by operation of law, to an heir determined by the settlement deed.
The inherited property may become part of the probate process since there were no other assets to cover the HELOC. The probate court’s role varies by state , and so do the requirements.