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No probate made for father intestate. Mortgage in his name only, what do i need to do to make payments and avoid forclosure?

Atco, NJ |

My father passed 5 years ago. Before he passed he remortgaged the house in his name only and told my mother that if anything happens you can just walk away. The home was lived in by my mother and sister who were paying the mortgage up until 2.5 years ago. The house has been up for sale for the past 3 years with very low offers. My mother moved in with my sister and all payments have been stopped totaling 2 years now.It is now with BOA the third mortgage company. I called to get some information as i want to keep paying the mortgage until i can obtain financing of my own. BOA will not release any info to anyone but the mortgage holder who is my deceased father. There was never a will or probate established on my father. How can i take over payments and avoid forclosure?

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Attorney answers 2


I do not know how you can accomplish what you intend without hiring an experienced probate attorney. You will, in all likelihood, need to open a probate estate in order to change the deed on the house, then you will have to deal with Bank of America.

Good luck. You definitely need an attorney in New Jersey.


To have any chance of accomplishing your goal someone will need to be appointed administrator of your father's estate. I strongly encourage you to work with knowledgable estate counsel on this matter.

Very truly yours,

Ed Smeltzer
Law Office of Edward J. Smeltzer II
180 Tices Lane, Bldg. B, Suite 103
East Brunswick, NJ 08816
Phone: 732-246-3131 Fax: 866-824-4779

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