I HAVE BEEN MAKING PAYMENTS ON HOUSE AND PAYING TAXES IN MY NAME... DO I NEED TO CLAIM IN PROBATE COURT? I AM NAMED EXECUTOR ON WILL..AND MORTGAGE AND DEED I BELIEVE ARE STILL IN HIS NAME...
DOES SIBLING HAVE ANY RIGHT TO IT??
The house was transferred to you by the gift deed. That is why the tax bill is in your name. The gift is complete, and you do not have to take action in Probate court. The deed of trust and note do not affect ownership as long as the monthly payments are made. The house is yours. It does not go through the estate. There may be other property, bank accounts, automobiles, or other assets which are part of the estate. You would have to file for probate for that.
No one can tell you whether you should or should not probate the Will without a great deal more information. But, you only have 4 years from the date of death to probate a Will. After that the options are much more limited and can be more expensive. Here is the problem I see. When your father deeded the house to you as a gift he violated the terms of the mortgage (the Deed of Trust). That lender did not lend money to you and the note is technically in default even though you have made the payments. The lender is happy right now because it is not aware of the situation. If it becomes aware, it can give notice of default an attempt to foreclose. Perhaps you have already reached an agreement with the mortgage lender to assume the loan. That fact was not clear. Did the Gift Deed get filed in the real property records? That is important. As to your sibling, I don't know what you mean by "claim". Can they sue? Sure. If they feel that the Gift Deed was obtained by fraud or undue influence or that your father did not have the mental capacity to make the gift and sign the deed they could sue. Can he/she win? Who knows.
As executor you may have an obligation and fiduciary duties to tender the will to the probate court. Although if you are already the owner of the property, it doesn't seem likely the probate would affect your interest in the house. Contact a probate attorney about your obligations as executor. Another question is are you the one in possession of the will.
You should consult a probate lawyer. Only after an extensive discussion, review of the will, the gift deed and other facts can any lawyer give you much advice. It is possible the estate (not just you) has the obligation to pay off the mortgage. You need a lawyer to help you figure that out.
