Just wanted to verify information given to me today from another source concerning what to do about the mortgage interest deduction for a surviving spouse whose name is not on the mortgage. Advice given was that the surviving spouse needs to go to the county clerk's office and claim inheritance as a spouse and have the name changed on the title if she is approved, although it may be possible that probate would be required. Since this was not stated in your answer to my original question, do you concur with this statement, and do you have any additional advice or suggestions, other than to see a lawyer? The spouse in question has already been to a lawyer with no satisfaction as to what she needs to do. Thanks for your assistance in this matter.
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Prior Post
You are asking a tax question and a legal/probate question. I think Bees answered your tax questions and the mortgage interest deduction in the prior post and suggested that you contact a lawyer for the probate issue.
For additional legal questions, maybe this link will assist you and help guide your client as well. http://www.finance.cch.com/pops/c50s10d190_AL.asp . For additional sources on the subject you could "Google" ALABAMA DECEASED INTESTATE AND SPOUSE
At least in California, whatever changes there on the legal "deed" do not affect the mortgage (loan). It seems your questions are more about getting title in your client's name which is a legal/probate issue, than the actual "loan" being transferred or recorded in your clients name. California has a really easy pass through to surviving spouse with or without a will, in particular if the property is held in joint tenancy or community property. However that does not change the name of the debtor on the loan, the recording only changes the actual legal title as recorded at the County Recorder's Office. The surviving spouse would have to contact the lender to change title and possibly even apply for a new loan.
Do your client a favor and refer her to a Probate Lawyer.
Sandy
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