Legal Question in Family Law in Maryland

Home owning

My sister passed away in August 2007. She owned a home in which my mother has been residing in before and since my sister's passing. i have been making the mortgage payments, but not on time as i have my own home as well. the mortgage is 2 months late and i don't want to forclose on the home. The mortgage company has no idea of my sister's passing. If we advise them of her passing in order to speak on the account to make some type of payment arrangement, can they out right say no and take the home? We have an estate for my sister and I believe the home is included in the estate. Just want to know if they can just take the home once aware my sister is deceased.


Asked on 3/10/09, 6:51 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Home owning

The mortgage company will not take action if the mortgage is in default irrrespective of your sister's passing. Her estate remains liable on the mortgage. Whoever has been appointed as personal representative by the Register of Wills for the estate has the authority to discuss the situation with the mortgage company. If your sister had funds in her estate, those can be used to pay the mortgage, but you will probably have to sell the property unless your sister's heirs agree to keep it in the family.

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Answered on 3/10/09, 12:26 pm


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