Legal Question in Wills and Trusts in Canada

Re: Mortgage Holder & Home owner

I am not licensed to practice law in your state, and I would

suggest that you seek advise from an attorney who is, I may offer

a couple of comments that might shed some light on

the situation.

1. The ownership of the "mortgage" and the ownership of the house are

seperate from one another. After your father's death, the mortgage will be

held by his estate (or whomever he designates in his will if he has one),

and the house will still be owned by your sister.

2. Your sister will still have the obligations to make the payments that

are called for in the Mortgage (and the Note it secures), unless it is given to

her by the terms of your father's will. If she becomes the holder of the

mortgage by the terms of the will, in Massachusetts, it would be a "merger" of

lender and borrower, and the obligation could be cancelled by her.

The above comments may not be in compliance with applicable law in your state,

and you should seek advise from an attorney in your state.

Regards,

Alan

Alan D. Humbert

Law Office of Alan D. Humbert

134 Main Street