Legal Question in Wills and Trusts in Oklahoma

I am the executer of my grandparents will. My grandmother is in a nursing home and my grandfather lives at home. My grandfather owes about $55,000 on his home. In the will it is stated the house goes to another grandchild. What happens to the balance held on the mortgage? Who will be held liable for this outstanding balance. He does not have any liquid assets. At the point that both are deceased, what must the grandchild do to fully obtain it in his name?

What if my name is on the deed as well? Do I have any rights to the house? The other grandchild is not listed on the deed.


Asked on 9/22/10, 4:13 pm

1 Answer from Attorneys
Mitty Means Mohanty Means, P.C.

When the house is sold, the mortagor will receive its money first.

If your name is on the house, the house cannot be sold without your consent. You have the right to come in and object to the sale of the property. At the same time you may also be liable on the note. Check the mortgage and the deed and talk to the personwho is selling the house and why.

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Answered on 10/02/10, 8:33 pm


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