The decedent has a son can he assume his father's part of the home?
Upon death, the dead person's interest automatically passes to the survivor. There is nothing for the son to inherit, here.
And if the loan is in just the decedent's name, it is a claim against the estate. But if the survivor also signed the mortgage lien instrument, the property is pledged as security and can be foreclosed.
You do need a lawyer to review your documents and walk you through this.
1 lawyer agrees
General Practice Lawyer
Yes, you should have legal help. Even one little detail could alter who gets what. Best to know the score so that even if you get nothing, you do not wrongly resent someone in the family.
DISCLAIMER: The forgoing comment is for general educational purposes only, and is not legal advice upon which the reader may rely as the commenter has no actual knowledge of the facts of the case, has not interviewed persons or examined evidence, and has not researched the applicable law. The comment is based only on the facts provided, which are extremely limited, and may or may not be true. Complete defenses may prevent the success of any claim. Competent legal advice should always be obtained before taking any legal action or filing suit. Readers employ any information provided herein at their own risk.