What proof do I need to show IRS that I am responsible for making mortgage payments after death of husband whose name is on mortgage?

You have a very complicated situation, and this really isn't the right post to get answers. You should contact a local attorney... one that specializes in Real Estate Law. There are ways to get your name on the mortgage without having to refinance, however you need legal assistance to get it done correctly. WilliamAcres.com

When a property is inherited from a spouse or other family member, the debt that is secured by the property becomes the responsibility of the inheritor unless they reject the property. This means that if you accepted the property and want to keep making payments to keep the property, you are allowed to deduct on your tax return the interest reported by the lender on IRS form 1098. The easiest way to let the IRS know this is to add an additional page to your tax filing. Make sure you put your name and SS# on the page and add the message "The property for which the mortgage interest is being deducted was inherited from my husband on [date]." Sign the attachment and you will need to mail the tax return to the IRS since you will not be able to eFile with the attachment. Once you have done this, the IRS is on notice and you will not need to do it again. ~ Bert Carpenter, The LoansA2z team of NOVA Home Loans ~ NMLS 40586 ~ www.LoansA2z.com

Michen,First and foremost, I am sorry for your loss. Did you purchase the home with a VA Loan? If the answer is yes, then we can transfer the loan solely in your name, then if you will benefit from todays rates, we can do a VA streamline loan which requires little to no documentation. Rates are in the low 4's high 3's right now on VA 30 year fixed loans. I hope this helps.

After posting my answer and re-reading your question, it appears that the IRS rejected your claim of interest deduction. If so, it may be because of where on Schedule A you placed the information. My CPA says that if the 1098 issued by the bank is in the name of your deceased husband, the information goes on line 11, which also asks for the name and ss# of the person on the loan. This is also where you would indicate property was acquired through inheritance. California is a community property state. If you were married at the time of purchase and community property money was used for the down payment and payments, probate is probably not required to transfer title into your name, but you may have to file a "Spousal Property Petition". ~ Bert Carpenter, The LoansA2z team of NOVA Home Loans ~ NMLS 40586 ~ www.LoansA2z.com