Assumption of a mortgage by an heir after a death?

[moriah]

My mother was an only child, and so she inherited her family home free and clear.

She had wanted to do a remodel and address foundation issues, plus her then-husband convinced her to instead of just pulling out what was needed, to pull out all 80% she could and pay off all the stupid credit cards he ran up. The remodel was done, and she remodeled her life as well by ditching the husband. To help pay bills, she asked me to move in.

And around that time, because of the divorce and knowing she had great credit from having paid off everything, she re-refinanced, with an excellent rate. She expected to be around another 15 years, so did a 15 year mortgage.

She passed away in June of 2020, suddenly, and we were very overwhelmed and didn't know what to do. The mortgage servicer said that as long as the mortgage was paid they didn't care, and while my sister filed the probate case and got a lawyer to at least get the filing done, he hasn't been helpful to either of us -- or at least, I believe he's misinformed.

Right now I am living in the home, and have a roommate/renter in a part of the home that is good for that, and the money from both of us goes into an account to pay all the bills and have enough for the taxes and other yearly expenses. However, we're 9 years away from it being paid off, and I don't think they do shorter mortgages.

Knowing roommates can be unreliable, I really do not want to lengthen the time having one is necessary instead of a way to build an emergency fund for, say, the roof someday. (Edit to add: I am on SSDI. I can pay all the bills, insurance, taxes, yearly maintenance of various things, etc, by myself -- the rental income is necessary hover to pay the mortgage.)

The attorney said that the only way to clear anything from probate -- even his fee -- is to refinance the house in one of our names (which to get the best rate would be my sister, which I want to avoid)

-------

But I was almost certain that there was a law that allowed heirs of deceased individuals to assume a current loan regardless of perceived ability to pay. No changes to how long we have a mortgage on the house, no credit checks or all the hassle of actually doing a mortgage, just you sign that you are responsible for paying this loan off. I mean, it doesn't hurt them -- they can always take the house if the person doesn't pay.

That's what I would prefer to do, and when I asked the attorney he was saying they "usually didn't allow that" -- which went against everything my Google-based brain had seen on this.

------

Has anyone had this experience? Am I wrong? I know people would love to refinance for various reasons -- they may NEED to fix their roof. They might prefer a lower payment over a longer term. I'm not judging.

I just want to get my mother's estate through probate, and not take any equity out of the house or lengthen the time until it will be owned free and clear.

Also, yes a better lawyer would be nice, but doesn't the one who has been doing this end up getting a fee too even if I try to consult with a better one?