My mom passed and her home estate is in my name, I have tenants in the?

amy it would be best to talk to an estate attorney about this.

You want your tenants to buy the house. Do THEY want to buy it?  Someone said that tenants have no rights.  That is wrong. They have the right to abide by the current lease.   Find / read the lease.  Ask them if they would like to buy it. 

You can NOT transfer a mortgage to the tenants - illegal.  The only thing, the tenants can do, is apply for mortgage and then have you sell them the house.

You don't have a friggen clue. How do know they even want to buy the place. A mortgage can't just be signed over. They need to apply for one and it needs to be approved.

Whomever may be giving you advise is giving you the incorrect advise.

If the tenants want the property, they must apply for their own mortgage...not take over your mother's mortgage.

If the tenants don't want to buy the house, then you need to put the house on the market. Whomever buys the house must complywith the tenants current lease agreement until it expires without obligation to renew the lease. If there is no lease in effect, the tenants are month-to-month. In which case, you can give them thirty day notice to vacate or the new owners can choose to keep the tenants as renters if they want to.

Typically, mortgages are not transferable.

The bank won't let them take over the mortgage. In fact if the house and mortgage was in your Mother's name then you can't take over the mortgage either. Her estate owns the house and owes the mortgage until probate is settled.

You can charge the tenant's rent, just like any other tenant. The rent they pay belongs to the estate, but since you are managing the estate you can use that rent money toward the mortgage.

If the rent is not enough to cover the mortgage payment you can raise the rent as long as they're not on a long term lease and there's not a local rent control law. But the tenants can choose to move out instead of paying increased rent if they feel the new amount is too high for the local market or if they just can't afford it.

If you want to keep the house you'll eventually have to refinance it into your name in order to finalize probate and close out the estate.

If you don't intend to keep the home then you can give the tenants an option to buy it from you at a fair price. They would need to get their own mortgage for the purchase, and the title company that handles the sale would use the money from the buyer to pay off the existing mortgage as part of the process.

If the tenants cannot buy it or do not want to buy it then you can hire an agent and post it for sale to the pubic and sell to whoever makes you an offer that you like.

You would have to show legal documents proving that you are the executor of your mother's estate and therefore you have the legal authority to sign on behalf of the estate. If you have any siblings that could get sticky and you might want to consult a lawyer ahead of time to make sure you have everything in order.

But under no circumstances can someone take over a mortgage for another person, banks won't allow it.

Tenants can apply for their own mortgage to buy the home. They cannot 'take over' an existing mortgage.

YOU can take over the mortgage if you want to, under the 1982 Garn-St Germain Act that stopped banks from calling in loans when close family wanted to keep property and not have to sell it.  But if YOU take over the mortgage - the bank MUST let you - you cannot have the tenants take it over from you.  If they can't or don't want to buy the house and you don't want the house or can't afford to make the payments, sell it ASAP.

you dont want the property , so the tenants have 2 choices , either buy the house or move out , whats so hard about that !!! What makes you think they want the home , thats why they are renting as the cant afford to buy it troll .

Not possible they have to get their own mortgage and buy it from you.

Mortgages aren't assignable!  You'll have to sell and the new owner will have to honor the terms of the lease.