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

Yes, generally executor needs to pay the mortgage from the estate before the distribution.

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Answered on 3/10/11, 1:19 pm

Frankie Woo Fiducia Legal

Just the monthly mortgage payments, not the whole mortgage.

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Answered on 3/10/11, 1:23 pm
Timothy McCormick Libris Solutions - Dispute Resolution Services

Unless you want the bank rather than the heirs to get the house, of course the mortgage must be paid.

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Answered on 3/10/11, 1:51 pm
Eliz. C. A. Johnson Eliz. C. A. Johnson

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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Answered on 3/10/11, 2:22 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

Only if you don't want the lender to foreclose.

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Answered on 3/10/11, 3:11 pm

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