Legal Question in Wills and Trusts in Pennsylvania

Re: Executor of a estate

Neither a person who has been appointed an agent for another person by a Power of Attorney (POA)nor an executor has personal liability for any of the debts of the person or estate they represent.

If your mother was not in title on the property and therefore also did not sign the note and second mortgage, she has no personal responsibility for that debt.

However, the property is subject to the mortgage debt. If there are sufficient assets in your aunt's estate and the house is either devised (left) to someone in the will, or sold as part of the estate to create liquid assets to distribute to heirs or beneficiaries, the mortgage will have to be paid off. This may be done by a refinance by the person to whom the property is left, or by using the sale proceeds to pay off the mortgage. Of course, the first mortgage will also have to be paid off.