Legal Question in Wills and Trusts in California

do you have to pay a mortgage on property in probate

Asked on 3/10/11, 12:21 pm

5 Answers from Attorneys

Frankie Woo Fiducia Legal
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Yes, generally executor needs to pay the mortgage from the estate before the distribution.

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3/10/11, 1:19 pm
Frankie Woo Fiducia Legal
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Just the monthly mortgage payments, not the whole mortgage.

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3/10/11, 1:23 pm
Timothy McCormick Libris Solutions - Dispute Resolution Services
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Unless you want the bank rather than the heirs to get the house, of course the mortgage must be paid.

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3/10/11, 1:51 pm
Eliz. C. A. Johnson Eliz. C. A. Johnson
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In the case of an estate with insufficient cash to pay the mortgage where the house is going to be sold, sometimes you can get a bank to work with you if they know it is on the market but I can tell you that having just dealt with Washington Mutual bought out by Chase, finding a competent human to talk to is difficult. Then again, if the property is not going to sell quickly, the foreclosure process will start and you will lose a lot. If you can, monthly payment should be made.

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3/10/11, 2:22 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.
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Only if you don't want the lender to foreclose.

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

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3/10/11, 3:11 pm

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