My father past away almost 1 year ago. Mother and father still have mortgage on their home, she wants to sell. My father is survived by my m...

Question

My father past away almost 1 year ago. Mother and father still have mortgage on their home, she wants to sell. My father is survived by my mother, sister and myself. We have no disputes regarding the sale of their home, nor how any of the sale proceeds are shared. Is their any legal documents needed to clear the property title/deed that we will need to get in advance of putting the property for sale?

Answer

In some way, you will have to deal with your father's interest in the property, since his name is on the title and he is deceased.

It may be that you can do this through an affidavit process and avoid the court costs involved in a formal succession.