Can you mortgage a house you will inherit in a WILL?


Susan is taking care of Mr. Jones, a widower. Mr. Jones has a WILL prepared wherein she inherits his house. She decides to go to the Bank and give this house as guarantee on a loan for her.

Can Susan mortgage the house she will inherit from Mr. Jones?

NO

Susan is not the owner of this house yet and will not be as long as Mr. Jones is alive. She is not the owner of the house under the WILL. The WILL does not take legal effect until Mr. Jones dies.

In order for Susan to be able to mortgage the house Mr. Jones should of executed a Deed or a Transfer making her grantee of the property.



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