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How can I be added to deceased parent deed so I can refinance the adjusting mortgage
Anonymous7 views3 answers
My mother died intestate. Previously paid $600 to an attorney, who drafted a letter for probate, and letters for my brothers to waive their rights, but probate court did not accept the letter and name me as administrator. The mortgage company accepted the letter as authorization to discuss and pay my deceased parent mortgage. I own my home, and pay the mortgage on parents property. Both are current, and never late.
You should find a new attorney and continue with the probate process. You'll have to either distribute the home to the siblings under the law of intestacy if there is no will (or perhaps you can buy them out). At that point you can deal with a refi if that is proper - you could also ask now about an assumption of the mortgage. You really need a lawyer to walk you through this, no question
There isn't enough detail in here as to why the Court did not approve your application to be appointed administrator. Did they name someone else as administrator? That would change the process considerably as the person appointed would have a duty to preserve the asset and work towards a resolution. Is the estate going to be solvent? If there are a bunch of creditors out there you may have to sell the house anyway to pay those obligations. If there is a TennCare lien, they will come in and take the house. If you are paying the mortgage, you would have a claim against the estate to reimburse you for those payments.
The process can be quite complex depending on the issues involved. If there are no debts and no real problems with the estate, the other heirs can waive their interest in the house. If they did, you can ask the Court to put the deed in your name at the time the estate is closing. But there are too many unknowns to give you any solid direction based on the scenario given.
You need to set up an appointment with local Probate attorney to have your case fully analyzed. The first question is why did the court deny your petition to serve as administrator? You may just need to take guidance from the court to have your administrator position reconsidered
