Mom died, am I responsible for her two mortgages?

Follow
Share

My mother recently died she has 2 mortgages am i responsible for these mortgages. I am not on either one. Not sure if there is a will. I live in new jersey

This question has been closed for answers. Ask a New Question.
4

Answers

Show:
What a mess. If there was no will, then she died "intestate" and the rules on that will be according to your states death / probate laws. Most states have intestate set up so that all assets (even property with a mortgage) become the property of the state until heirs are determined. OFten the heirs all have to agree to sign off on property in order for it to be transferred or sold. Some states have asset distribution for lineal heirs (children) first & foremost; other states have heirship to anyone who can prove a relationship to the asset (like if there are kids from prior marriages). This can be a real cluster to deal with and you need a good attorney if you face these issues. But the heirs can only get whatever is left after creditors are paid off - like the mortgage holder. Again state law makes a bigbutt difference.
Some states are a level of claim state for probate so things are paid in order of where they are on the claim scale. Texas has this system, so a Class 1 claim gets paid first and then like credit card debt is a Class 8 claim so too bad for them. If mom was on Medicaid, there will be MERP to deal with (Medicaid Estate Recovery Program) which can put a claim or lein on assets to recover Medicaid payments on her behalf.

Really look around for a will as there could be one and it will make life much much easier. Even if it was done decades ago. Good luck.
Helpful Answer (1)
Report

The estate, if any, would be responsible for taxes owed on the property most likely. Not the mortgage itself.
Helpful Answer (0)
Report

treamer (I am not an expert so check the facts)
A person is responsible for their own debt. If there is no Will, I believe assets of family automatically belongs to the heirs/next of kin. If debts need to be paid the estate of original owner should be liable for debts, by anyone can or should be payed to keep current you can't do much of anything before legal possession/probate of deed is filed into new owners names. I would seek legal advice. Does she need to pay back to medicaid for anything?
Helpful Answer (0)
Report

I don't think you are responsible, but if they aren't paid the proprrty will be foreclosed on and you will loose any equity, if any.
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.