If I were to do a lady bird deed with my grandma for her house when she dies do I need to notify the mortgage company& insurance

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My grandma was given 6 months to live and she would like my boyfriend and I to be able to keep her house and live in it. I was told about a lady bird deed and I'm wondering would we still need to get the mortgage and insurance in our names/would we have to refinance it in our names possibly costing us more than what she currently owes or does the lady bird deed just automatically transfer us as the new owners and everything statement wise will come in with our names on it once she passes?

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James Frederick ·
I agree with Mr. Harris' response. I write simply to add that you want to be VERY careful about adding someone else's name to the title. While you and your boyfriend may get along great, I cannot tell you how many times we deal with situations where parties are trying to have names REMOVED from the title. It is MUCH easier to get people on than to take them off, in my experience. You do not indicate whether there is anyone who might challenge your getting the house upon your grandmother's death. If such a possibility exists, you want to be even MORE cautious, when setting this up.
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Thomas Harris ·
Insurance and the loan do not simply "follow the deed". Your grandmother is the named insured, as well as the mortgage company. If you want to be covered by the insurance, you need to get your own insurance. The mortgage will stay in your grandmother's name and will need to continue to be paid to avoid foreclosure. The mortgage company has no obligation to talk to you or give you information about the loan unless you have legal authority - such as a power of attorney while grandma is alive, or letters of authority of personal representative if grandma passes away. Also, there is more to it than just doing a deed. When the transfer occurs a transfer affidavit would need to be sent to the local assessor's office. A new principal residence exemption affidavit might also need to be filed. So in short, no. There is a lot more to this than you think. If you need more info, call a real estate or estate planning attorney in your area for a consult. Getting good advice now can help you to avoid bad consequences with this later.
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