Legal Question in Wills and Trusts in Alabama
No Will
If my mother dies and she does not have a will and she owes way more on her house then we could sell it for will I be held liable for the balance owed if the bank forecloses??
3 Answers from Attorneys
Re: No Will
no you have no personal liability although you might consider probating the estate.
Re: No Will
You will only be held liable for any balance due if you co-signed the note with your mom. Otherwise, the bank will foreclose and write any remaining balace due after the foreclosure sale off as a bad debt.
If your mom has more debt than she has funds available to pay, you may want to open an estate and file for insolvency. You should at least notify her creditors that she has passed away and you expect her estate to be insolvent. You should consult a local attorney familiar with probate matters for further advice. Good luck!
Re: No Will
Are you on the mortgage? If you are not on the bank note then you have nothing to worry about. The lender will simply foreclose, sell the home and write off the balance as a bad debt. Of course you won't be able to continue living there if you are currently a resident but you shouldn't be liable for any money owed.
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