Legal Question in Wills and Trusts in South Carolina
Obligation as executor of will
I am the executor of my mothers estate. I cannot close probate because there is a dispute on some property she had a contract on, but had not closed at the time of her death. I am paying a home equity bill off that is on property in her estate. I am going to be in a long court case on the property she was selling. I want to know if the bank can foreclose on her house if I quit paying her home equity line. Can I settle w/ them after probate?
1 Answer from Attorneys
Re: Obligation as executor of will
Usually the bank that has a secured mortgage on the property can foreclose if payments are not being made on the loan secured by the mortgage. As part of the foreclosure, the bank would notify the heirs of the estate and they could come in and pay the mortgage to preserve the home for the estate, but the fact that your mother died does not prevent the foreclosure from happening.
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