Legal Question in Wills and Trusts in Maryland
Are heirs liable for a mortgage that the executor has not paid? We have not received any money form the estate.
My brother is executor of my father's will in N.J. He has not paid the mortgage on the house and now the bank is suing me and my siblings. We cannot get any info from my brother and have not received any money or an accounting of the estate. Are we liable under New Jersey law when we have not signed anything or received anything from the estate, including an accounting of the estates assets?
1 Answer from Attorneys
You will need to ask a New Jersey attorney about New Jersey law.
Under Maryland law a mortgage lien encumbers the property but it does not personally obligate anyone who has not borrowed. In other words, a mortgage company can come and take the property (after due process) if the mortgage doesn't get paid but it can't get money from people who didn't sign a note to borrow money.
You are encouraged to seek legal counsel.
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