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Can the bank that holds the deed to the property that I live in take it back now that my husband is deceased?

Canton, OH |

Husband passed away in May of 2012 , I contacted bank that held the deed to see how to proceed , they stated that they could not speak with me until I had been appointed executrices of estate . I contacted attorney who stated that I needed to be bonded however , I was unable to be bonded due to a bankruptcy nearly 7 years ago . No payments have been made on mortgage since May of 2012 but I have the ability to catch all back payments up . Bank has sent paperwork to me stating that my dower rights are secondary to their rights is there anyway to prevent my loosing this property ?

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Attorney answers 3


Hire a probate attorney. Also, if you have the money to pay on the mortgage, do so as soon as possible, with the attorney's advice.

why is the attorney telling you that you need to be bonded? What does husband's will say about the issue?

The above is not intended to be legal advice, but may be used for general information. Please contact an attorney for specific help tailored to your needs.


Since the bank is asking you to subordinate your dower rights, I would guess that your name is not on the deed - either as a tenant in common with your deceased spouse, or with rights of survivorship. I suggest that you do not sign anything with the bank until you discuss this with a local attorney.

I am an Ohio-licensed attorney. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting me does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.


I agree with my colleagues - you need to retain a probate attorney.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

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