Legal Question in Credit and Debt Law in Louisiana

If my mom is paying a mortgage and she dies what happens to the house?


Asked on 10/14/10, 8:20 am

1 Answer from Attorneys

Martha Amanda Mandi Lucas Mandie Seale Lucas

The debts of the deceased are paid prior to any disbursal of the estate. You should inform the creditor and find out what they are willing to do. They may suspend payment of the mortgage and allow the house to be sold. This way they will recover monies lent. Because there is real property involved, a succession will have to be filed. If the family doesn't do it, the creditor can cause it to be filed, so that they can have some resolution on their debt. There is mortgage insurance available which will pay the mortgage should illness or death occur. I don't normally recommend this but it does depend on the circumstances.

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Answered on 10/19/10, 9:26 am


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