Legal Question in Wills and Trusts in New York

Can I continue to pay a mortgage that's in my mother's name when she's deceased? I live in the same house and have been paying the mortgage for several years

Asked on 11/30/10, 9:02 am

3 Answers from Attorneys

David Leon David L. Leon, P.C.
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The bank will likely accept money from any source, however, you should address the title issue now. Depending on how your mother's estate is set up, you may just be paying for someone else's house now.

The important questions:

Did your mother have a will?

Did she own the house by herself?

If mother doesn't have a will, did she have a spouse? Or other children?


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Answered on 12/05/10, 10:15 am
Keisha Marshall-Wagner The Law Offices of Keisha N. Marshall
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You may want to check to see who will be inheriting the home upon her death. Also that is something that her executor should handle if there is a will in place. There are several questions that need to be answered before it can be determined who is responsible to continue the payments. However, I doubt the bank will turn away the payments.

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Answered on 12/05/10, 10:28 am
Walter LeVine Walter D. LeVine, Esq.
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I agree wiith the other authors that several issues are involved, the most important being who has inherited the house now that mom is deceased. If you are not the one who inherits the house, you could be making monthly gifts to someone else. There is also the question of whether or not you are entitled to be reimbursed for payments made while she was alive, or if these payments were the equivalent of rent. While the bank usually takes payments from anyone, even those not responsible to pay them, they can call the mortgage and force the house to be sold if it is not paid. An estate lawyer should be consulted to review these matters.

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Answered on 12/07/10, 8:58 am

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