Legal Question in Wills and Trusts in Massachusetts

I am executrix of my sister's will. When she died, there was an unpaid mortgage in her name. Her daughter is on the Deed. Is it legal to leave the mortgage under the name of the estate or do I need to inform the bank that her daughter is now the owner of the home. Her daughter cannot afford to refinance the home.


Asked on 11/13/09, 4:21 pm

1 Answer from Attorneys

Harry Margolis Margolis & Bloom, LLP

You need to look at what the mortgage documents say. However, as a practical matter, if the daughter keeps paying the mortgage, the bank probably is not going to complain.

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Answered on 11/18/09, 5:07 pm


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