What are my rights if my boyfriend and I bought a house and he passed away?

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What are my rights if my boyfriend and I bought a house and he passed away?

I am now stuck with the entire mortgage that I cannot pay for myself. His father has control of the estate and is refusing to pay for his half of the mortgage. Is his estate responsible for his half of the debt? Is this worth taking him to court over? If I default on the mortgage, will they come after the estate for the remainder of the mortgage (I know this would destroy my credit)?

Asked on November 23, 2010 under Real Estate Law, Georgia

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss.  If both you and your boyfriend were on the mortgage then his estate is responsible for half of the payments.  I am assuming that his Father is the Personal Representative of the estate, correct?  He can not just "refuse" to pay debts of the estate. It is against the law and the responsibilities he undertook. You need to figure out what you want to do here.  You have some options like suing the estate under various theories of law.  You are correct that defaulting will do harm to your credit and it really may not be necessary here.  Get help  on your next course of action.  Good luck.


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