Who pays a mortgage during probate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Who pays a mortgage during probate?
My friend left me his house in his Will, however it still has a mortgage. The
executor of estate is advising that I, not the estate, am responsible for the mortgage payment and utilities during probate even though the house isn’t legally mine yet.
Asked on April 15, 2018 under Estate Planning, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The executor is wrong: during probate, the home is an asset of the estate and the estate must pay the mortgage (and taxes, insurance, etc.). Until the property is distributed to you and becomes legally yours, the estate is responsible for paying for it. Of course, if the estate does not have the money to pay these things and you want to inherit the home, you may choose to voluntarily pay the mortgage, etc. to avoid foreclosure. But that is a practical decision for you to make if necessary; legally, during probate, the estate must pay if it has the assets to do so.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.