Do I Legally Own My Mother’s Home?

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My mom passed away and left me her home via quit claim. I have been making the mortgage payments and living in the home. I am not on the mortgage. Can I claim the interest paid on the home? And do I legally own the home?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

The interest deductibility is a tax question that you’ll have to address to your tax professional. It’s not exactly clear from your description how you got the home. A quitclaim deed is something that ordinarily the owner would sign, but that can’t happen after a person passes away.

If your mom signed and delivered the deed before she died, you are probably in good shape, ownership-wise. If not, the property may need to go through a probate proceeding before the legal ownership is clear.

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Author: House Attorney