Legal Question in Real Estate Law in California

Is a beneficiary responsible for the remaining mortgage of a deceased parent?


Asked on 11/05/09, 8:29 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

No, but the estate is. The payment has to be made by someone, or the house will be foreclosed. The beneficiary only gets the 'net' after debts are paid. If he can't or won't pay the mortgage, then the house will need to be sold or leased to cover the payments due.

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Answered on 11/11/09, 1:20 pm
David Gibbs The Gibbs Law Firm, APC

Attorney Nelson is correct - the beneficiary is not personally liable, but if you want to keep the property, someone has to pay the mortgage, or pay it off.

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Answered on 11/11/09, 1:21 pm


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