Legal Question in Wills and Trusts in Illinois

Sister died - No will - mortage her name only
My sister died with no will - mortage in her name only - left husband and 2 kids (one 8 years old other 18 years old). What does the husband have to do since mortage was in her name. He has been paying the mortage but without her income he won't be able to pay for long. Mortgage co has not been notified about her death. Afraid they will ask for full payment. Can they do that? Illinois

Asked on 2/17/08, 4:09 pm

2 Answers from Attorneys

Thomas Moens Moens Law Offices, Chartered

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Re: Sister died - No will - mortage her name only

Sorry to hear about your loss.

Your question does not state whether her husband is in title or not. If they are joint tenants, he now owns the house. Either way, the husband is entitled to continue making payments on the mortgage loan. Under the terms of nearly all mortgage loans, the lender cannot call the loan due as long as payments are still being made. If he is unable to continue to make payments, he should try to sell the house if there is any equity in it. If there is no equity, he can just walk away, assuming he did not sign the promissory note. He should contact an attorney immediately to assist him.

Answered on 2/19/08, 9:10 am

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