What rights does an executor/beneficiary have regarding a mortgage holder?

My mother passed about a year ago leaving me her house by will as the executor and sole beneficiary. I’ve made her payment every month, same dollar amount for the last 12 months. Today, they say the amount is changed and since I’m not “officially” legally on the account (it’s “in the estate of ___” , they won’t tell me how much or why it increased. Taxes and insurance are paid separately. What do I do?

Asked on November 8, 2011 under Estate Planning, Florida


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

Answered 9 years ago | Contributor

I am so sorry for your loss.  So the mortgage was "officially" changed to "the estate of..."?  Really?  Okay, I take your word for it.  But if you actually went through the trouble to probate the Will and were named as the Executor with Letters Testamentary given you then the lender can not ignore your request for the information regarding the mortgage.  So here is what I am thinking: you did not probate the Will and have not been officially appointed as the executor.  You need to do that asap.  And may be even hire an attorney t help you write those "official" letters here.  But you are also going to have to start taking the necessary steps to have the assets changed over to you as the beneficiary, pay the creditors and file estate tax returns.  really.  You need to end this matter once and for all and more on.  Good luck.

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