How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM, Solicitor
Category: Law
Satisfied Customers: 12188
Experience:  30 years as a practising solicitor.
Type Your Law Question Here...
JGM is online now

Our son died intestate with a mortgage. I am his mother and

This answer was rated:

Our son died intestate with a mortgage. I am his mother and applied alone, for grant of representation, due to be granted soon. We, our dead son's parents are keeping up his mortgage payments to avoid arrears. We wish to reduce the mortgage by a lump sum (we can't afford to pay off the mortgage completely), then pass on the reduced mortgage to our surviving son (his blood brother). Question: will this be complicated in law?

What will have to happen is that your surviving some will have to essentially purchase the house from the estate by getting a mortgage for the amount needed to redeem your late son's mortgage account less any lump sum paid towards it beforehand. The current lender can't just pass the mortgage account to your surviving son. He would have to take title to the house from the estate and take a mortgage out in his own name to repay the mortgage debt in your late son's name. It's not complicated but it will mean some conveyancing work and a mortgage application by your son.

JGM and other Law Specialists are ready to help you