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Husband has died and you are the excutor of his estate you want to add your name to the mortgage loan?
Wiki User
∙ 15y ago
I can't think of any reason why you would. You can always just make the payments. If the payments are made, the mortgage company probably won't even blink.
Wiki User
∙ 15y ago
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If my sister and her husband took out a mortgage with my mom as a cosigner and are now behind in their mortgage payments will my mom's estate responsible for the mortgage?
Each person who co-signs a mortgage is equally responsible for paying the mortgage. If your mother has died then her estate must be probated. The debts of the decedent must be paid before any property can be distributed to the heirs. You need to consult with an attorney who specializes in probate in your area who could review your situation and determine what the obligations are regarding the mortgage.
In the state of Maryland both parents died there is no will are the surving children responsible for mortgage on the house?
No, the estate is responsible for the mortgage. This sounds like a case for getting the estate set up and get the house sold as quickly as possible.
Who is responsible for a loan in deceased husband's name. Do I have to pay bank loan if house is in my name?
The estate is responsible for paying the debts of a decedent. However, in the case of a mortgage, the decedent transferred an interest in the property to a lender in exchange for money. That means the decedent didn't own the property when he died. If you want to keep the property you will need to take over the payments. If the mortgage isn't paid the lender will take possession of the property by foreclosure. If the loan is not a mortgage then generally, the creditor cannot attach any unpaid debt of your husband's to your home. However, the estate should be probated. You should consult with an attorney who specializes in probate.
My son died and the mortgage was in his name only. His wife is making the payments. What happens now?
The widow should arrange a consultation with an attorney who can review the title to the property and the mortgage. If the property was owned jointly or as tenants by the entirety and only the husband signed the mortgage the bank may be out of luck. If the property was in your son's name alone then his estate must be probated in order for title to pass to his heirs and the bank will take the property by foreclosure unless the mortgage is paid. You need an attorney who specializes in real estate law and probate law to review the situation and explain the widow's rights and options.
Can a mortgage company pay off the credit card debt for a deceased person several years after they died and then demand the money from the estate?
Yes, that is the reason there is an estate, so that anyone that has a claim can make it and collect.
My husband is on the deed we are both on the mortgage and he has died. Am I responsible for the debt?
If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.
What can I do my husband died my name is on deed not mortgage can I sell the house?
This is where having an estate would be a big help. The estate essentially represents your husband. Yes, you are going to be able to sell the house, subject to the mortgage, of course. Whether you have to use the estate or not to do so, the bank will tell you. Consult a probate attorney and they will help you out.
If my sister and her husband took out a mortgage with my mom as a cosigner and are now behind in their mortgage payments will my mom's estate responsible for the mortgage?
Each person who co-signs a mortgage is equally responsible for paying the mortgage. If your mother has died then her estate must be probated. The debts of the decedent must be paid before any property can be distributed to the heirs. You need to consult with an attorney who specializes in probate in your area who could review your situation and determine what the obligations are regarding the mortgage.
Can you be removed from the property of my deceased husband's life estate?
Yes. If your husband was the sole owner of the life estate then it was extinguished when he died.
What if your husband died and your name is not on deed Can you have your name on deed without opening a estate your name is on the mortgage?
If the property was owned by your husband then his estate must be probated in order for title to pass to his heirs legally. If there was no will the property will pass to his heirs at law under the state laws of intestacy. You can check your state laws at the related question link below.
How do you get the deed to a house if the owner has died and the mortgage is paid?
The deed belongs to the estate and the estate can transfer the property in accordance with the will or the laws of intestacy.
What happens to your mortgage when the person holding it died but the deed is in both of your names and you pay the taxes?
The mortgage will be included in the decedent's estate and the heirs will own the debt once the estate has been probated. You must pay them.The mortgage will be included in the decedent's estate and the heirs will own the debt once the estate has been probated. You must pay them.The mortgage will be included in the decedent's estate and the heirs will own the debt once the estate has been probated. You must pay them.The mortgage will be included in the decedent's estate and the heirs will own the debt once the estate has been probated. You must pay them.
In the state of Maryland both parents died there is no will are the surving children responsible for mortgage on the house?
No, the estate is responsible for the mortgage. This sounds like a case for getting the estate set up and get the house sold as quickly as possible.
Single Brother died No will No children No estate Trying to handle his affairs How do I get authorization for mortgage company or other creditors to talk to me?
Your brother has an estate if he has a mortgage. You need to petition the probate court in your brother's jurisdiction to be appointed the Administrator of his estate. The court will issue Letters of Administration that will enable you to carry on the business of disposing of his estate.
If husband and wife own the house as joint tenants with right of survivorship then under CA law does having the mortgage only under husband impact ownership of the property in the case of death?
You should consult with an attorney who specializes in real estate law in your area. In some states, a mortgage by one joint owner will sever the joint tenancy and the bank will own a half interest if the husband dies and the mortgage isn't paid off. In other states the bank would be out of luck if the mortgagor died before the mortgage was paid. You need to consult with an attorney who can explain the law in California.
Who is responsible for a loan in deceased husband's name. Do I have to pay bank loan if house is in my name?
The estate is responsible for paying the debts of a decedent. However, in the case of a mortgage, the decedent transferred an interest in the property to a lender in exchange for money. That means the decedent didn't own the property when he died. If you want to keep the property you will need to take over the payments. If the mortgage isn't paid the lender will take possession of the property by foreclosure. If the loan is not a mortgage then generally, the creditor cannot attach any unpaid debt of your husband's to your home. However, the estate should be probated. You should consult with an attorney who specializes in probate.
If the daughter of the decease has power of attorney and is the excutor of the will does the will have go to probate?
The POA expired when the principal died. If the decedent owned any property at death then the estate must be probated in order for title to pass to the heirs. The executor named in the will must be appointed by the court.
