As long as you and your wife owned the home as joint tenants with rights of survivorship, you should be set. Joint tenancy gives the surviving owner automatic ownership of the home upon the death of the co-owner. Most people end up buying homes as joint tenants.
If your husband died and your name is not on your house's title you should be able to retain ownership of the house as a surviving widow. If your deceased husband left the house to you in a will the transfer of ownership is a simple process.
Many married couples own most of their assets jointly with the right of survivorship. When one spouse dies, the surviving spouse automatically receives complete ownership of the property. This distribution cannot be changed by Will.
Federal law prohibits enforcement of a due on sale clause in certain cases, such as where the transfer is to a relative upon the borrower's death. Even if your name was not on the mortgage, once you receive title to the property and obtain lender consent, you may assume the existing loan.
What if a spouse dies with a will? If your spouse left a will, then, for the most part, their assets will be distributed according to the terms of that will. However, because California is a community property state, all assets acquired during the marriage are presumed to be owned equally by both spouses.
Anything that is jointly owned by you and your spouse will pass to the surviving partner automatically, but you can allocate any solely owned property to whomever you choose.
In most cases, the estate of a person who died without making a will is divided between their heirs, which can be their surviving spouse, uncle, aunt, parents, nieces, nephews, and distant relatives. If, however, no relatives come forward to claim their share in the property, the entire estate goes to the state.
If your estate cannot pay off the mortgage in its entirety, your spouse will become responsible for the remaining mortgage if he or she wants to keep the property.
Can I have my spouse on the title without them being on the mortgage? Yes, you can put your spouse on the title without putting them on the mortgage. This would mean that they share ownership of the home but aren't legally responsible for making mortgage payments.
In short, this means that, when your spouse unfortunately passes away, you will continue to own your home, as before, and won't need to divide the asset between your family. Importantly, under the right of survivorship, joint tenancy supersedes the terms of your spouse's will, and cannot be revoked or contested.
When spouses hold title to their marital home as joint tenants with rights of survivorship, this means that they both equally own the home in its entirety. So, much like a joint bank account, if one spouse dies, the surviving spouse will continue to own the property in its entirety.
However, in the case of death of a spouse, the property can only be transferred in two ways. One is through partition deed or settlement deed in case no will or testament is created by the deceased spouse. And second is through the will deed executed by the person before his/her last death.
If the woman inherits property from any relative, be it husband, son, father or mother, she is the absolute owner of her share and can dispose of it. If she makes a will, she cannot give away more than one-third share of her property, and if her husband is the only heir, she can give two-thirds of the property by will.
Sometimes, however, the home may be owned in one spouse's name alone, or perhaps in one of the spouse's trusts alone. In that situation, even though the surviving spouse's name is not on the deed, the surviving spouse has rights to that property under Florida's constitution.
In single name cases (as opposed to situations where both owners' names are on the deeds) the starting point is that the 'non-owner' (the party whose name is not on the deeds) has no rights over the property. They must therefore establish what is called in law a “beneficial interest”.
Most commonly, the surviving family makes payments to keep the mortgage current while they make arrangements to sell the home. If, when you die, nobody takes over the mortgage or makes payments, then the mortgage servicer will begin the process of foreclosing on the home.
You could either sell the home to pay off the mortgage and keep any remaining money as your inheritance, or you could keep the home. If you keep the home, you'll need to either continue making payments on the loan or use other assets to pay the mortgage off.
Family members, including spouses, are generally not responsible for paying off the debts of their deceased relatives. That includes credit card debts, student loans, car loans, mortgages and business loans. Instead, any outstanding debts would be paid out from the deceased person's estate.
When an account holder dies, inform the deceased's bank by bringing a copy of the death certificate, Social Security number and any other documents provided by the court, such as letters testamentary (court documents giving someone legal power to act on behalf of a deceased person's estate) provided to the executor.
In most cases, the deceased person's estate is responsible for paying any debt left behind, including medical bills. If there's not enough money in the estate, family members still generally aren't responsible for covering a loved one's medical debt after death — although there are some exceptions.
Credit card debt doesn't follow you to the grave. It lives on and is either paid off through estate assets or becomes the joint account holder's or co-signer's responsibility.
If there is no beneficiary, the funds go to the deceased's estate. From there, any remaining funds will be distributed according to instructions in the will. If there is no will, state law typically dictates who receives the funds.
You will have to apply for Succession certificate or letters of administration depending where you live. You will have to apply to the district court for Succession certificate in respect of the properties belonging to your mother.