Expert: Dick Dennis - 12/31/2010

Question
Lived with my girlfriend for last 12 years. Sadly she recently passed away. She owned the home we resided in and graciously left it to me. Currently its in probate, but the title isn't clear. There's an equity line and some medical stuff, no biggies, I knew about these. But she had originally bought the house from her mom in 1972, they set up a 25 year mortgage ($30k). She paid it, but mom died around 1982, so my GF, her sis & bro inherited the mortgage. She paid them each 1/3rd until it was paid off in 1997, but never recorded a mortgage release on the title/deed so the mortgage is still there. She wasn't close to these people and her brother actually very much disliked her and he's very underhanded. So I know there is no way he will sign off on any mortgage release or quit claim for me. There is no documentation that my GF paid them that I can find (though she did) and they haven't made any claims to probate against the estate. My question is am I sunk here? Without a release from this "mortgage" I will never have clear title, which means I cannot  refi the "legitimate" debt, nor can I sell the home. Taxes are due in a month so I need to decide if I should just cut my losses at this point. The home is probably worth at least 500k and the other debt is about 130k, but apparently without their signatures its worthless as an asset, so sad since this was our home and my gf loved it so. It seems so unfair that people who weren't a part of this place or our lives now have this control.

Answer
You said your girlfriend left the house to you, Biff. Well, it seems to me the probate will indicate that. The estate probate attorney will search for those to whom your girlfriend owed money. When the attorney gets the names of people and companies your girlfriend owed money to, he will arrange to have them paid from your girlfriend's estate. If there was no assets other than the house, he will arrange to sell the house so the mortgage and any other debtors are paid.

You will receive the balance of the house. Only I don't understand why you need to get your girlfriend's sister and brother's signature if the house was left to you. You definitely need your own probate attorney in his matter to protect your interests. Don't delay on that. Your attorney can arrange for you to take over the responsibility of your girlfriend's mortgage on the house, if that is your choice. Otherwise, the estate has the responsibility to sell the house and pay off the mortgage and any other bills.

Based on the information you offered, the sister and brother have no interest in the property, but maybe any other assets. That's where your probate attorney comes in. I do wish you well.

Dick Dennis
dixiedee13@aol.com