Can i sell my house?

Asked over 2 years ago - Columbus, OH

Hi
Me and my husbad had bought new home 3 years back. we had joint ownership. now my husbad passed away recently. he had bought loan under his name only ( as i was not working) now since he passed away- house is under my name with deed type- affidavite-EX.
now i am paying mortgage on time with the savings.
my question is under this situation can i put my 1 year old baby's name as beneficiary?
and can I sell house if i want to?
please help.
Thanks for your time.

Attorney answers (2)

  1. Ronald Lee Burdge

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Anything that has to do with real estate ownership or title almost always requires the help of an attorney to get done right. From what info is in your question, it is not possible to tell what the right answer to your questions might actually be. If an attorney handled the Probate Court aspects of your husband's death then talking to that attorney would be a good place to start. Whether or not it is a good idea, let alone possible, to put an interest in the real estate in the name of your baby is something that an Estate Law or Probate attorney needs to meet and discuss with you in detail. There are all sorts of questions and legal ramifications to consider. You should not even attempt to do any of this without going over it all with an attorney very carefully. There are several online sites of professional organizations and associations of attorneys who handle your sort of situation but you really need to meet with an attorney face to face and talk about what you are trying to accomplish as well as what other questions are going to arise from the discussion. Call the Franklin County Bar Association and ask for a referral to a Probate Law or Estate Law attorney near you right away. If this answer was helpful, please give a “Vote Up” review below. Thanks. Ron Burdge, www.BurdgeLaw.com

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  2. Elizabeth Smith Schmitz

    Contributor Level 14

    Answered . You should contact an estate planning attorney to advise you on the best way to proceed.

    Naming your child as beneficiary would not be advisable. A child who receives property while he or she is under the age of 18 will result in a probate court guardianship. I would recommend you talk to an attorney about setting up a trust to protect your child.

    if the house is in your name you can sell it anytime. The mortgage will be paid out of the proceeds from the sale.

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