Legal Question in Wills and Trusts in Louisiana

My mother passed away in California and left everything by will to my sister. I am the only joint tenant with my mother on her home and the deed will be transferred to me when I receive the death certificate. I am not on the mortgage. As I understand it, her estate is responsible for paying off the mortgage. However, the home may only be slightly above water, the estate will not be capable of paying off the mortgage, and there are no other debts. At some point the mortgage company will want me to pay off the remaining debt through selling the home, refinancing, or foreclosure. What are the steps are involved from probate being initiated to me being able to rent and/or sell the home? Who will pay the utilities and mortgage payments until then? If the the home is refinanced or sells will the estate monies be handed over to mortgage company at closing. Are my trips to California a tax write-off. Will I have to pay a gift tax if I receive money in excess of the write-offs.


Asked on 1/28/10, 5:49 am

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

You need to check with a California attorney about their probate laws. However, I can tell you that if you accept the house, you accept the debt on the house. Also, if you mom gave everything to you and your sister, you sister has an interest in EVERYTHING.

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Answered on 2/07/10, 11:08 am


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