I have a house in Ct with my name on the Deed. My fathers name is on the Mortgage. He died in Al.

Asked over 1 year ago - Gales Ferry, CT

Does the property have to go through probate If I pay the mortgage in full?

Attorney answers (3)

  1. Scott D Rosenberg

    Contributor Level 15

    2

    Lawyers agree

    Answered . This is a rather tricky situation. If the house was deeded to you while your father was alive then the property is not in his estate to probate, but it is still subject to the mortgage. Accordingly, you don't have to go through ancillary probate in Connecticut in order to own the house. However, you may have a contract, or a term in his will, or a legal presumption in his last state of residence (Alabama, I'm assuming) that the outstanding mortgage is treated as a personal debt that's still payable in some way by his estate, meaning you wouldn't be personally responsible. None of those three options are typically the case, but if your father had other assets, it's well worth calling a probate attorney in the county where he died. Most will offer enough of a free consultation to tell you whether or not you have a benefit worth pursuing. Best of luck.

    Attorney Rosenberg is admitted to practice in Connecticut and Massachusetts, and currently practices in South-... more
  2. Joseph Michael Pankowski Jr

    Contributor Level 18

    1

    Lawyer agrees

    Answered . If the deed is in your sole name, there is no need for you to have the property go through probate here in Connecticut. Since your father's name is on the mortgage, his estate has some responsibility for the payment thereof. If your father owned assets in his sole name at his passing or if his estate was named as the beneficiary of any contract assets (e.g., life insurance, retirement accounts, etc.), I would strongly urge you to retain Alabama counsel to protect your rights. Good luck to you.

    This information is presented as a public service. It should not be construed to be formal legal advice nor... more
  3. Stephen Ross Cohen

    Contributor Level 20

    Answered . Call Scott he is knowledgable and empathetic two qualities I do not often see in the majority of other attorneys

    My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced... more

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