Who pays a mortgage during probate?

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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 2 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.


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