Legal Question in Wills and Trusts in California
Probate
My mother just passed w/o a will, and I am in the process of starting probate for her property. If she had mortgage insurance that pays off the balance in the event of her death, will I need to continue to make mortgage payments until probate is complete in 6-12 months? Also, her death was accidental in the home, so would her homeowners insurance cover the balance of the loan also?
1 Answer from Attorneys
Re: Probate
Homeowners would not cover the balance of the loan. The life insurance does, but you will have to keep making payments on the mortgage until the life insurance policy pays off and you pay off the mortgage, otherwise there will be unnecessary interest and penalties incurred.
If you are probating the estate I recommend you use an attorney. The fees are statutory and paid from the probate estate. Abe Lincoln famously said, a man who represents himself has a fool for a lawyer.
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