Legal Question in Wills and Trusts in New York
My grandfather left my mom a house and there is a mortgage on it. I was told that the estate is supposed to pay the mortgage since there is money available. Is this true.
Asked on 5/24/12, 2:07 am
2 Answers from Attorneys
David Slater
David P. Slater, Esq.
No. The beneficiary is responsible if she takes the house. She an refuse it.
Answered on 5/24/12, 6:16 am
Walter LeVine
Walter D. LeVine, Esq.
Maybe, it depends upon what the Will says and I have not seen it. Sometimes the estate is charged for debts, including a Mortgage, and sometimes the beneficiary inherits the property subject to the Mortgage. If the Will is silent, David may be correct. This is a response to an Internet question and is based upon the facts presented. Only by seeing the Will can an accurate response be presented.
Answered on 5/24/12, 8:52 am
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