Inherited Property from Aunt with Mortgage... Help

Inherited Property from Aunt with Mortgage... Help

Member since 2020 · 3 posts · 0 votes

Hello BP,

I recently inherited a house from my aunt. She left behind a handwritten will with a witness signature and it states the property was left to my brother and I. My brother and I both are okay with selling it or renting it out. Currently, the house is worth approx 120K and the remaining mortgage is only 27K. Other properties in this area rent for about $1000 a month and I am in Tennessee. I want this to be my first rental investment but to be honest my brother is not financially savvy and I would probably end up do all the work and he would just participate in the upside with any help. Additionally I run my own sole proprietor business so mixing financials with my brother may not be the best idea for my business. 

Question, since I really want to manage my own property without any interference, is it best to sell or based on the numbers is it better to rent it out? 

Also, since the deed is still my aunt name and it has a mortgage. How do I sell a house with a mortgage that is not in my name without going through probate?

Also, if I did rent the property, since the homeowners insurance is in my aunts name, what happens if the house burns down and I contact the insurance company but the policy is not in my name.

I have so many questions about this property and really dont know where to start so any assistance will be greatly appreciated.

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  • Investor/Accountant/Builder · Meno, OK · Member since 2014 · 1k+ posts · 918 votes
    6y

    @Kamil D.

    I dont think you own anything, until the court says you do.  Who is the executor of her estate? Her estate will probably/or must to be probated. Once the court determines the transfer of the estate, the assets to be sold to satisfy her debts, then you can do what you want. You need to see an attorney.  

  • Rental Property Investor · Tyler, TX · Member since 2019 · 72 posts · 39 votes
    6y

    @Kamil D. - Main complexity in my mind is your brother. Is he on the same page with you? Could you buy him out? Even if you didn't have the cash, you could commit to buying his portion for $50k (or similar, taking into account potential risk of depreciation, cost of sale, etc.) by paying him $200/mo (or similar) every month until the balance is paid off or the property is sold and you use the proceeds to pay the balance. This would allow you more control and protection from his financial liability. Then you could rent the property for market rate and still cashflow a few hundred dollars a month while someone else is paying towards your equity. 

    If you self manage, I recommend Cozy.co. It's been helpful for the properties I self-manage. If it would be helpful to brainstorm more, shoot me a PM. 

  • Member since 2020 · 3 posts · 0 votes
    6y

    Thank Arlan! Can you also tell me what type of lawyer. Is is a probate lawyer or an estate planner?

  • Member since 2020 · 3 posts · 0 votes
    6y

    Thanks for that information, Blake!

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    6y

    I agree with Blake. Once the will is probated, buy your brother's half.  Who is the executor of the will?  They should be contacting a lawyer and handling it.

  • Real Estate Agent · Sacramento/Placer ~ San Francisco Bay Area counties · Member since 2012 · 1k+ posts · 743 votes
    6y
    Originally posted by @Kamil D.:

    Thank Arlan! Can you also tell me what type of lawyer. Is is a probate lawyer or an estate planner?

    The handwritten will you have in your possession a holographic will and will have to be submitted to probate court for it's authenticity.

    You should consult a probate lawyer for assistance..and maybe represent you and your brother..

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