Legal Question in Wills and Trusts in Pennsylvania

My mom died and money is owed on her house. My aunt has moved in and is making payments. I am the only child and executrice of the "estate." The mortgage company has not been notified of my mom's death. Do I legally have to notify them? My aunt wants to pay off the house and then through land installment contract, purchase for fair market value through me. Thank you.


Asked on 6/13/12, 7:26 am

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson

Your official title is Executrix. Sounds show Victorian. It also means there is a will.

Yes you should notify the mortgage company besides there maybe some life insurance with the mortgage that pays off the mortgage.

I know probate lawyers aren't inexpensive but the estate may need one.

If your the sole beneficiary of the estate then you have to figure out if you like your aunt's offer or not.

{John}

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Answered on 6/13/12, 7:41 am

You have not handled this properly. Your aunt should not have "moved in." And a land installment contract is NOT a god idea. if she wants to buy the housem ,well and good; let her get her own financing then. You are not a bank/lender and you may habe other bills to pay for the estate. As executrix, you are required to notify all of your mother's creditors of her death including the mortgage company.

The fact that you are the only child does not mean anything - if your mother had a will and made your executrix then she may havev made you a beneficiary of some or all of the estate. You really need to see a probate attorney and at least pay for a consult regarding your duties if you don't want to hire an attorney. If you cannot even afford a consult, then you should talk with the Register of Wills in the county where your mother lived prior to her death (I assume this was PA) and where her house is located.

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Answered on 6/13/12, 10:37 pm


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