Legal Question in Wills and Trusts in North Carolina

My husband just passed away. We have 2 mortgages. The first mortgage is totally in his name. Every time I would call in the past I was told I wasn't legally responsible for my husband's debt. I am one month behind. I had already explained to the previous individual I would get a lump sum payment from life in sure any day now and the debt would be paid. Then I get a call from a different person saying I have to pay a whole month or they would start foreclosing. Is this legal? My husband had no will I just started the probate things today. Its been a week since his death? I am a collections person my self and something does not sound right.

Asked on 9/29/14, 10:16 am

1 Answer from Attorneys

You do not share the relevant details here. Did your husband have a will? Do you own the property or have a marital interest in the property by reason of inheritance? If so, you had best get to a probate law attorney - if you have a marital interest in the property then the bank cannot foreclose.

You are not legally responsible for the mortgage but as a practical matter, you have to pay the mortgage or the bank will attempt foreclosure. Debts have to be paid in most instances before heirs get anything. However, spouses have certain rights so you need to get to a probate attorney to help you administer the estate and intercede if necessary with the bank. NC has some different laws in this respect and the no-name lackey at the bank is probably not aware of them. No doubt that the bank's NC lawyer would raise the issue but I don't think you need to let it go this far.

Your probate lawyer needs to send a nasty letter to the bank explaining things if this is the case. But I don't know how the land was titled and what the facts are so an attorney needs to review this in order to advise you.

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Answered on 9/29/14, 11:01 am

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