Am I obligated to pay the second mortage payment on the house my mom left to me through her living trust?

I am her only child. I am not sure what my obligations are to her debts.

Asked on May 19, 2012 under Estate Planning, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  You will inherit the home subject to the encumbrances - the mortgage and second mortgage - that it has.  You are also permitted under the law to continue to pay the  mortgages without them "coming due" as they would under any other type of transfer pursuant to the acceleration clauses.  I would consult with some one about the financial situation of the estate and your own situation and see what the best thing to do would be at this point in time.  Good luck.

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