My name is not on mortgage, but name is on deed and have been paying mortgage payments. May I still deduct the mortgage interest?

[rockr09]

My father passed away back in late 2014.  His house was left to me and my 2 siblings.  The 3 of us are now on the deed as of March 2015, and since his death I have been keeping up with the mortgage payments, although the mortgage is still in the estate's name.  Although I've found similar situations in this forum, I've seen a mix of answers, so in my situation - am I able to deduct the mortgage interest although my name is not on the mortgage?  If so, do I deduct the full year or only since March (10 months)?  My 2 siblings either already have a 2nd home or do not need to use the interest to deduct from their taxes, so only I would use it.  Thanks.

[jtax]

This is not a simple question. It is really a question for a tax attorney. You might find <a rel="nofollow" target="_blank" href="https://www.irs.gov/publications/p936/ar02.html">https://www.irs.gov/publications/p936/ar02.html</a> useful, but it is involved and doesn't fully answer your question. I would recommend that you pay for an hour of a tax attorneys time. It is possible that the estate/probate attorney you have used may be able to answer the question.

[bwa]

You can deduct the mortgage interest if your name is on the title.  It does not have to be on the mortgage.  Also, as an heir, you would have been an equitable owner prior to March 2015 so the entire years interest would be deductible if you paid it.