If my mother died owing back payments on her mortgage and she had no Will or estate to be opened, can the mortgage company hold me anyway responsible for her debt?

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If my mother died owing back payments on her mortgage and she had no Will or estate to be opened, can the mortgage company hold me anyway responsible for her debt?

Asked on July 10, 2015 under Estate Planning

Answers:

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

Answered 8 years ago | Contributor

I am so sory for your loss.  No, you would not be personally responsible for her debts unless you were also on the mortgage or you were on the deed to the house.  That would only be because the house was the collateral and once sold the debt would have to be paid. It is not your personal debt but the estate's debt that would be satisfied. Speak with some one about the situation and your options.  Good luck.


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