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The home belongs to the bank if there is money owed. The person who is to carry out all the wishes (executor) from the parent's will must either use other assets to pay the mortgage off or sell the house and pay the mortgage, keeping any profit. The bank will not clear the debt until it is paid, they will take the house by force if needed.

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13y ago

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When mortgage holders die what are mine and the mortgage company rights?

If a mortgage holder (mortgagee) dies the rights under the mortgage pass to her heirs. If a mortgagor (borrower) dies the mortgage company has a lien on real estate that still must be paid.


What happens to a mortgage loan when the sole loan holder dies and the property is titled Joint tenants with full rights of suvivorship?

The mortgage obligation remains on the property. If the holder of the mortgage dies then her heirs own the mortgage.


Will the bank allow the heirs to continue to pay mortgage after a parent dies?

The bank expects the estate to keep the mortgage current. They may allow the mortgage to be assumed if the credit rating of the individuals is acceptable.


What can i do if my husband dies and i am not on the mortgage or deed to our house and there is no will?

If your husband dies without a will and you are not on the mortgage or deed, you may still have rights to the property depending on state laws regarding intestate succession. Typically, as a spouse, you may inherit a portion of the estate, including the house. It's advisable to consult with an attorney who specializes in estate law to understand your rights and options, including the possibility of a spousal claim or seeking probate. Additionally, you may need to communicate with the mortgage lender to discuss your options regarding the mortgage.


When a parent dies are children responsible for a debt they still owe to the parent?

They still owe the money to the estate. The executor may offset their inheritance by that amount.


Can a mortgage be in a will?

Yes. For clarification, the person who is owed the money in a mortgage transaction is the mortgagee and the mortgagee owns the mortgage. If the mortgagee dies the mortgage is included in their estate as personal property. The mortgagee can make provisions in their will regarding a mortgage they own. The balance on the debt due can be inherited by their heirs or the mortgagee can forgive the mortgage in their will. If there is no will then all the rights under the mortgage pass to the heirs at law under the state laws of intestacy when the decedent's estate is probated.Yes. For clarification, the person who is owed the money in a mortgage transaction is the mortgagee and the mortgagee owns the mortgage. If the mortgagee dies the mortgage is included in their estate as personal property. The mortgagee can make provisions in their will regarding a mortgage they own. The balance on the debt due can be inherited by their heirs or the mortgagee can forgive the mortgage in their will. If there is no will then all the rights under the mortgage pass to the heirs at law under the state laws of intestacy when the decedent's estate is probated.Yes. For clarification, the person who is owed the money in a mortgage transaction is the mortgagee and the mortgagee owns the mortgage. If the mortgagee dies the mortgage is included in their estate as personal property. The mortgagee can make provisions in their will regarding a mortgage they own. The balance on the debt due can be inherited by their heirs or the mortgagee can forgive the mortgage in their will. If there is no will then all the rights under the mortgage pass to the heirs at law under the state laws of intestacy when the decedent's estate is probated.Yes. For clarification, the person who is owed the money in a mortgage transaction is the mortgagee and the mortgagee owns the mortgage. If the mortgagee dies the mortgage is included in their estate as personal property. The mortgagee can make provisions in their will regarding a mortgage they own. The balance on the debt due can be inherited by their heirs or the mortgagee can forgive the mortgage in their will. If there is no will then all the rights under the mortgage pass to the heirs at law under the state laws of intestacy when the decedent's estate is probated.


If a married persons dies and leaves everything to his spouse does the parent of the one that died have any rights to anything?

no they don't


In the state of Georgia my husband is on the mortgage of our home not me his wife. If he dies what can I do?

If your husband passes away and he is the sole borrower on the mortgage, you may still have rights to the home depending on how the property is titled. If you are the co-owner or if the home is jointly owned, you can typically assume the mortgage or refinance it in your name. It’s advisable to contact the mortgage lender to discuss your options and consult with an attorney to understand your rights and obligations regarding the property. Additionally, reviewing any estate planning documents, like a will or trust, can provide clarity on your situation.


Are executors entitled to get paid before the parent dies?

The executor does not have any rights or responsibilities before the person dies. Being paid makes no sense and is not a legal right.


Does a non-custodial parent who walked out 10 years ago have rights to 14-year-old when the custodial parent dies?

It depends on the circumstances and related court orders.


When a parent dies and there is no will and the mortgage is more than the house is worth who would be responsible for the mortgage?

The mortgage is the responsibility of the estate If the estate assets do not cover the debts, they distribute as best they can. If the court approves the distribution, the debts are ended.Another PerspectiveIn a title theory state if the mortgage isn't paid the lender will take the property by foreclosure.


What right as an adult adopted child when 1 parent dies?

When adopted you have the same rights as the biological children to inherit your parents.