Deed to house is in my name but not mortgage. How is this handled when filing taxes?

[colin-cunniff]

My mother passed away in March of this year and I have been making the mortgage payments since then. She left the house to me and I had the deed put into my name the end of July.  The mortgage is still in her name and will remain until I refinance which may be a couple of years.  My question is if I am able to claim all that comes with owning a house if the deed is in my name even if the mortgage is not.  If so, are there any restrictions due to the mortgage not being in my name?

[DoninGA · Accepted solution]

As an equitable owner of the personal residence you can deduct the mortgage interest paid as an itemized deduction on Form 1040 Schedule A.

See IRC code § 1.163-1(b) - https://www.law.cornell.edu/cfr/text/26/1.163-1

[SweetieJean]

"The mortgage is still in her name " It is unlikely that the lender will permit this, since she is deceased.

[colin-cunniff]

The lender has been made aware she's deceased.  The Garn-St. Germain Depository Institutions Act of 1982 allows me to retain the home as long as I notify the lender and am planning to live in the home.  I'm just not sure how taxes are handled with the deed in my name when the mortgage is not.  The lender has nothing to permit or deny.

[DoninGA]

As stated - You can deduct the mortgage interest that you paid on the federal tax return.  Also any property taxes you paid for the personal residence can be deducted on Schedule A.