Our father passed away and my bother and sister want to give up the right to the house he has a mortgage on i will not take it on until they...

Question

Our father passed away and my bother and sister want to give up the right to the house he has a mortgage on i will not take it on until they make a formal letter giving up their rights on the house want type of paperwork do we need

Answer

Thank you for restating your question.

If I understand it correctly, you father owned the house and there is a mortgage on it. You and your brother and sister are the legal heirs. The mortgage company needs a document showing that your siblings are giving up their interests in the house. You want to own the house.

Assuming that all of those are true:

I'm surprised that the mortgage company doesn't require that you administer your father's estate. I he had a will, it would govern who would own the house. If there was no will, the house would go to the legal heirs, which include his wife and any other children he may have had, as well as yourselves.

In order to give up their rights to the house, your siblings [and other heirs, if there are any] would have to sign a deed giving their interests to you.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

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