Legal Question in Wills and Trusts in Pennsylvania

wills

If I am willed something, like a house that still has a mortgage, can I refuse to accept the willed object based on not wanting to pay the mortgage?


Asked on 1/02/09, 11:00 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Re: wills

Yes - it's called a "disclaimer", meaning you give up all rights to that property that was left to you by will. You would have to sign a document and file it with the Register of Wills.

The will might provide that the mortgage be paid off from other estate assets so that you would not be responsible for the mortgage, or there may be mortgage life insurance that would pay the balance due on the mortgage upon the death of the owner.

Before you disclaim, you should consult a lawyer in your area to determine if you have other rights and interests under the will, and whether or not it would be advisable to disclaim.

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Answered on 1/03/09, 11:30 am


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