Legal Question in Wills and Trusts in Connecticut

My mother left her house to me. There were multiple debts on the estate, which I have finally gotten down to one debt which is on a three year payment schedule for $400 a month. They do have a lien on the house. I would like to pursue a mortgage to clear out this and some small debt of my own. The will is uncontested but title has not transferred to me yet due to the very debt I wish to pay. I need the house for collateral. Is there a way out of this catch 22 situation? I live in Connecticut.


Asked on 2/22/11, 9:52 am

1 Answer from Attorneys
John Heffernan Heffernan Legal Group, LLP

Sure. You must make an application to the probate court to take out the mortgage. The creditor will require that the debt be paid from the proceeds of the mortgage (and the lender will require that your lawyer cut a check from the closing) but we do this stuff all the time.

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Answered on 2/22/11, 10:13 am


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