Legal Question in Wills and Trusts in New Jersey

I would need to review the terms of the will and the estate accounting you mention in your question in order to provide a full answer your question. I strongly suggest that you should have a trust and estates attorney review this matter with you.

However, as a general rule, a beneficiary recieving a specific devise of real estate would inherit the property subject to any liens or encumberances existing at the time of death. Again, terms of the will or the decedent's intent may change this general rule.

Generally, a beneficiary who receives real property would be responsible for any mortgages or debts related to the property. However, the Will can direct that a mortgage be paid off by the estate. If you did not receive a copy of the Will, you can ask the Executor to provide a copy plus any other documents that supports his/her position. Furthermore, you may need to submit your opposition to the accounting as a matter of preserving your rights.

Best of luck.

I concur with the other authors, that it is determined by the language of the Will, if the property goes along with the mortgage, or the estate is responsible for paying the mortgage. Ther facft that the recipient is also the Executor usually means nothing, unless he acted arbitrarily. If you believe he has acted improperly, this can be challenged.