Legal Question in Real Estate Law in California

I am getting a modification on my home loan, they want a big baloon payment at the end of the loan. If I die are my kids responsible for it?


Asked on 2/14/13, 6:53 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Not directly. If it is not paid by your estate, the lender will just foreclose on the property. So the bank may end up with the property instead of your kids, but your kids will not be personally responsible.

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Answered on 2/14/13, 8:21 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Mr. Roach is correct. When someone dies, their heirs don't become personally responsible for the decedent's debts. Instead, it is the estate that's responsible. If the estate has insufficient assets to pay all its liabilities, the heirs get nothing -- they inherit neither the assets nor the liabilities.

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Answered on 2/14/13, 9:04 am


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