Lyons, GA Estate Planning Law Firms & Lawyers

Leaving aside the practical question of whether this is a smart thing to do, the legal answer is that it depends on what your Security Deed or Deed to Secure Debt says. In most standard documents, any transfer of ownership interest is an event of default that would allow your Lender, usually at their option, to declare the full amount due and to foreclose if you don't pay. So, read your security instrument, and to be extra safe, get written permission from your lender to do this before you do it. However, even before that, you may want to discuss the wisdom of such a move with an estate planning attorney. There may be better options.

Please accept my condolences on your loss. Unfortunately, if your mother resided in New York, then you will need to have a New York attorney assist you. You may want to try reposting this using your mother's location, rather than Georgia, to help you draw attention from attorneys in New York.

Unless the daughter in law agrees, it will be very difficult. The mother will have to file a Petition in Court and be able to prove that the the transfer from her to her son should be overturned. This is difficult and will involve a Court proceeding. Mother should immediately consult with an attorney who specializes in this type of litigation for assistance.