Legal Question in Wills and Trusts in New Jersey

about to be married, could I inherit spouse's mother's debt?

Hi, I'm engaged to be married. My future husband's mother has 2 mortgages. If she doesn't have mortgage life insurance, and dies, will my husband inherit those debts? if I'm married to him, will I thereby inherit it too? Would a pre-nup protect me? What can he do to avoid this?


Asked on 6/10/08, 4:39 pm

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Re: about to be married, could I inherit spouse's mother's debt?

Debts are not inherited -- they "belong" to the person who created them. If there are mortgages, they still apply to the real estate property.

The mortgages will have to be paid off when the Estate of the Deceased sells the house, or if one of the heirs inherits or agrees with the other heirs to own it. The heir may reach an agreement with the mortgage holder permitting the heir to take over the mortgage obligation and continue the payments.

You should consult a family lawyer to discuss whether you need a pre-nuptial agreement.

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Answered on 6/10/08, 7:51 pm
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: about to be married, could I inherit spouse's mother's debt?

Your husband would not "inherit" his mother's debt. The mortgages would be debts of HER estate. If your husband is the sole beneficiary of his mother's estate, presumably he would recieve the house as well as other assets. The house would be encombered by the mortgages. Typically, the estate would sell the house shortly after the will is probated and pay off the mortgages.

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Answered on 6/11/08, 8:30 am


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