Legal Question in Real Estate Law in Maryland

I am executor of my sisters estate. Her house sale did not pay off the mortgage completely. Am I now responsible for that owed money


Asked on 12/20/17, 2:21 pm

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

It would not be possible to sell a house and transfer good title without paying off the mortgage completely, unless the lender agreed in advance to waive some of the mortgage lien (e.g., by "short sale").

Normally a Personal Representative is not personally responsible for the decedent's debts unless the PR disbursed property without paying known creditors in the order required by law. Depending on the circumstances, the estate may or may not be liable for the creditor's claim. An attorney would need to know more information before determining to what extent the estate and/or the Personal Representative is liable for the debt.

While I hope the general legal information above gives a point in the right direction it is not intended as legal advice specific to a particular situation. It may be prudent to seek legal counsel for administering an estate.

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Answered on 12/20/17, 2:28 pm


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