Legal Question in Wills and Trusts in Pennsylvania

If he was on the mortgage and the mortgage note, he is responsible for the debt. Except for the person[s] who signed the note, the mortgage also goes with the property. Anyone who gets legal title to the property gets it subject to the mortgage, meaning that the mortgage has to be paid off.

Transferring title to anyone other than immediate family members also triggers the "due-on-sale" part of the mortgage. The mortgage company has the right to require the entire mortgage to be paid off immediately, since such transfers are prohibited if they are made without the written consent of the mortgage company.

By the way, the wife did not have to name an executor. If she did not have a will, the intestacy law would govern who receives assets of her estate after all debts have been paid.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

If your friend signed his share of the marital home to his wife, then he no longer owns the property. However, you do not indicate whether the property was mortgaged and, if so, whether wife refinanced solely in her name before her death or whether the mortgage loan was still outstanding and signed by the husband. Usually, transfers between husband and wife would not trigger the due on sale clause - its only where transfers are made to someone else.

When the wife died, her intestate heirs would inherit all of her property. Usually, this would be her husband and any children. The problem is that your firend was separated from his wife and I don't know if they had a separation agreement or whether he was still separated at the time of the wife's death. Depending on the circumstances, your friend may have forfeited his marital rights.

Its not ethical or appropriate to discuss your friend's situation with you. Your friend needs to see a probate law attorney in the county/state where the wife lived at the time of her death. He needs to see whether he has forfeited his rights to inherit from his wife's estate. The probate attorney can also determine whether your friend is liable on any mortgage.

20 Pa.C.S.A. � 2106 Forfeiture

(a) Spouse's share.--

(1) A spouse who, for one year or upwards previous to the death of the other spouse, has willfully neglected or refused to perform the duty to support the other spouse, or who for one year or upwards has willfully and maliciously deserted the other spouse, shall have no right or interest under this chapter in the real or personal estate of the other spouse.

(2) A spouse shall have no right or interest under this chapter in the real or personal estate of the other spouse if:

(i) the other spouse dies domiciled in this Commonwealth during the course of divorce proceedings;

(ii) no decree of divorce has been entered pursuant to 23 Pa.C.S. � 3323 (relating to decree of court); and

(iii) grounds have been established as provided in 23 Pa.C.S. � 3323(g).