What willhappen to the mortgage on my deceased mother’s estate?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

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