Both my parents have passed & my mom's last will states i can continue living in home as long as i want. I have continued making mortgage payments although the mortgage is still in my father's name.
If there are also other heirs, you should meet with an attorney immediately. If the wording you state is what the will says, it is extremely unclear. What does "as long as you want" mean? What happens if you can't pay for necessary repairs? What happens if you go into a nursing home for a month after surgery?
Sorry for your grief and the passing of your parents. Wrong question, though. In order for you to take ownership of the house under the Will, you MUST probate the Will to distribute and pass on your parents assets, inclusive of the house. Making mortgage payments does not give you any ownership of the house. Find a probate attorney to help you.
You still need to Probate the asset. Check with local counsel.
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Federal law requires the mortgage company to continue taking your payments, but they still sometimes refuse payments from heirs and force them into foreclosure. You need to preempt that. You also don't say whether the house was left to you by your mother or whether you are paying a mortgage for a house you don't ultimately own. You need a foreclosure attorney AND a probate attorney working together.
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