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That would be their responsibility, to defend the estate. They can use the assets of the estate to do that.

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9y ago

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Related Questions

Is the executor of the estate liable for mortgage if foreclosure?

The executor is not personally liable for anything. The estate is liable for all of the debts. If the executor is going to inherit anything, there may not be anything for them to get.


Who pays deceased unpaid mortgage?

If there is a will, the executor makes all mortgage payments from the estate of the deceased.


Who pays for mortgage until estate is settled?

The executor of the will would be responsible


When a person with a reverse mortgage dies can the executor give the house to the reverse mortgage company?

The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.


Can you as co-executor be sued for the debt of your parent's foreclosed mortgage?

The estate is responsible for the debts of the decedent. The executor is not personally liable. If it is necessary to bring suit the executor's name will be recited as the respondent as the executor of the estate and not as an individual.


If someone is the executor of estate and wants to do a modification on a loan they are not on is that an option?

The decision to allow the executor to modify an existing mortgage is up to the lender. The executor could refinance the property with a new mortgage if allowed by the court.


If a decedents home is left out of their trust is the executor still liable to pay the mortgage?

The home is a part of the estate. It does not matter that it is or is not in a trust. The executor is responsible for taking care of all of the assets of the estate.


Can an executor borrow money to pay a debt of the estate until the property of the estate is sold?

Generally, the executor must petition for a license from the court to mortgage the property unless that power was granted in the will.


What is the responsibility of the estate executor regarding a decedent's mortgage?

The estate is responsible for the debts of the decedent. If the family wants to keep the property the mortgage must be paid or the bank will take possession by foreclosure.


Can unsecured debt be contested by an estate?

The executor of the estate can contest the debt. One of the things they must do is validate that all debts are accounted for and valid. Only then can they determine how to distribute what is left.


How much can you charge for an Executor fee in WV?

A maximum of 5%, but that can be contested by beneficiaries if they are under the impression the estate did not require a lot of work to administer.


Can one be an executor of probate but not the estate?

There is no executor of probate. The executor of the estate executes the will and probates the estate.

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