My father passed, who is responsible for his mobile home

When my father passed he was making payments on a mobile home, turns out my
uncle’s name is shown first on the bill then my fathers name is second. Who is
responsible for it?

Asked on December 11, 2018 under Estate Planning, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Let's start with the basics: YOU are not responsible for it, if you were not on the agreement or conrtract for the home. Only a person who agrees to pay for something is responsible to pay. Being your father's child does not make you resposible for this bill; even inheriting from him does not--though if you inherit some share of or interest in the mobile home and the loan is not paid, the home could be repossessed or foreclosed on. (So if you stand to inherit the home and want to make sure you get it, you might voluntarily choose to help pay the loan--but that would be your choice; you are not required to, and even if you inherit part or all of the home, you could let it be foreclosed or repossessed.)
If your uncle, on the other hand, is on the financing or purchase agreement, he clearly is responsible to pay, and could be sued by the financing business if he does not.

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