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

Gales Ferry, CT |

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

Attorney Answers 3

Posted

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-Central Connecticut with an emphasis on estate planning, elder law, probate, and tax matters. He may be contacted confidentially by email at Scott@ScottRosenbergLaw.com or by phone at (203) 871-3830. All correspondence through this website appears publicly, is not confidential, and does not create an attorney-client relationship between you and Atty. Rosenberg. Discretion should always be employed when posting personal information online. ~~~~~~~~~~~~~ All online content provided by Atty. Rosenberg on this and other websites is provided for general informational purposes only, and does not constitute legal advice. All content is general in nature. Attorneys are unable to ask the questions necessary to fully understand the legal issues faced by any particular poster. Postings and responses to questions only provide general insights on the topic discussed. They are not tailored to any reader’s specific situation, will not be accurate in all states, and are never updated or maintained to reflect changes in the law. No person should take action based on the information provided by anyone on Avvo.com or any other law-themed website without first consulting a local attorney with significant experience in your area of concern. Persuant to Circular 230, no online content may be used by any person to avoid taxes or penalties under the Internal Revenue Code.

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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 mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.

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Posted

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 considered to be the formation of a lawyer/client relationship.

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