Legal Question in Credit and Debt Law in Massachusetts

My wife passed away four months ago without a will or trust. She has a mortgage and deed in her name only. The mortgage is an 80/20 split, and she was behind in payments on the 20% portion of the mortgage. She had been working with a non-profit org. to help get a new lower rate on the second mortgage, but passed away before any resolution. She has always been current with the 1st (80 %) mortgage, and I have continued to pay this after her death. I have now received a letter from a home recovery specialist company asking what I plan to do about the 20% mortgage. I would like to remain in the home, but I'm not willing to pay a mortgage at such a high rate. Am I automatically responsible for this debt?


Asked on 7/20/10, 1:09 pm

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

I'm sorry to hear about your recent loss.

You are not individually responsible for the debt, but the estate of your deceased wife is. You will either need to sell the home in order to pay off the loan, or refinance the mortgage into your name. If you have other questions about this or your other responsibilities with respect to the estate of your deceased wife, please feel free to contact my office.

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Answered on 7/20/10, 4:30 pm


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