Legal Question in Wills and Trusts in California
My husband passed away last month. I am his sole heir, he did leave a will. My name is on the title of our house but not on the loan. Am I liable for the mortgage. The house was originally purchased before we were married, but after we were married my husband refinanced and added me to the title. We live in California. Am I also liable for credit cards and car loans in his name only?
3 Answers from Attorneys
The short answer is essentially yes. First off - his half of all community property and all his separate property must be applied to his debts before you inherit anything. Second, when it comes to the house, even if you weren't liable on the mortgage, if you don't arrange to continue paying it, they would foreclose even if you don't have any personal liability for it. If you keep the cars and don't pay, they will repo them. So even though your half of the community property and any separate property of yours, cannot be accessed to pay off the debts, in order to keep the things you have you will have to deal with those debts.
Sorry for your loss. You should meet with an attorney to look over specific papers. Were you a joint tenant on the property? You do take the property subject to the mortgage, absent any provision in the will to pay off the mortgage. You may not be liable for his debts, but his estate is liable and you need to determine what is in his estate and how to deal with his creditors. Again, I think if you meet with an attorney who can review all of the actual documents, the attorney should be able to provide more specific answers to your questions.
You are not personally liable on the promissory note. That is the underlying obligation. What you refer to as a mortgage, is most likely a deed of trust, which encumbers the property. Although your name was added to title to the property, the property is still subject to the existing deed of trust. That means a failure to pay the loan, will result in foreclosure.