Legal Question in Real Estate Law in New York

Re: mortage and loan

Answer depends upon who inherits the home on your mother's demise, and if it will be sold. If the Note for the loan does actually allocate the liability 99%-1%, your brother only has a 1% responsibility. If the home is sold as part of your mother's estate, the loan will be paid off at closing and your brother must contribute 1% of the balance due. If it is retained and not sold, who inherits it? The entire family or your brother?

If the entire family gets it, the entire family will be responsible for 99% of the loan payments. If only your brother gets it, the answer is a little tougher. What did your mother intend? That the loan went with the home, or was to be considered a general liability against her entire estate, so that your brother would get the home free and clear of her 99% liability? Is there anything in her Will or the Deed discussing this? If not, anticipate some litigation if your brother argues that the liability was to be considered a debt of her estate and not uniquely to be the sole responsibility of whomever gets the house.

Walter