Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
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?
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.
