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Asked 665 days ago by a user from Woodstock, GA
My husband passed away in Octoer 2010. We have a trust and I am the Trustee. A new mortgage company has purchased the mortgage my name was not on this loan document. I however was placed on the quit cliam deed and am appointed in the will as the trustee and the grantor of the property, and am the executor. I understand that I may have to take the property into probate so that I will be the legal person placed on the mortgage document as now being responsible for the loan. I am unemployed and they have asked for documents and proof so that I can go into a unemploymeny modification. I have been paying the mortgage payments all along since my husband's death. But need to have the loan modified so that I can continue to live in the home and not lose it altogether. I understand that I can get certain forms to fill out, and have his sons and my daughter sign forms? to acknowledge me as the sole hier to the home and to agree to the probate. I need direction and play by play help on what to do. i do not have 900.00 or more to pay an attorney because of my present financial situation . Can you help me and tell me what i need to do and how to get the forms. I thank you for your tiime.
Let me be real frank. You cannot afford not to see a lawyer. While there are standard forms, available in every probate court in Georgia and on their website, using the wrong forms or completing them badly will be a big problem and may add to your expenses.
Additionally, there are steps you must do before you can distribute assets.
You do NOT want to be added to the loan. You can keep the existing loan and simply take title. If you are unemployed odds are you would not qualify for modification, and you would then lose the home AND be on the hook for the mortgage.
Finally there is NO form to transfer title. When other needed steps happen an Assent to Devise is drafted. Since that contains specific language from the will, past deed and letters testamentary, there is no form for that. We draft that from scratch.
Talk to a lawyer before you make things worse.
Thank you fopr speaking to me today. i have one more question. will the YEARS SUPPORT Document help me in any way. Or would I have to put house through probate before this got done/