What willhappen to the mortgage on my deceased mother’s estate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What willhappen to the mortgage on my deceased mother’s estate?
I am the personal representative of my mother’s estate. I am also the sole beneficiary. My mom had a mortgage in her name and the deed to her house was in her name. New Link Destination
close her estate, l must transfer the deed to my name. Her name will remain on the mortgage, which l still pay each month. If I can longer pay the mortgage, will l be responsible for the mortgage or will they just take the house?
Asked on July 20, 2019 under Estate Planning, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Actually, the mortgage came due in full (i.e. the full remaining balance is due) when your mother died, so you legally *can't* simply keep paying the mortgage: you are not her, and a deceased person cannot have a mortgage. Also, you cannot transfer the deed to your name without paying off the mortgage. So what you need to do is--if the house is worth this (i.e. is not "underwater" in value) is to either pay off the mortgage for case or refinance it in your name.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.