QUESTION

Can my mother walk away from the home with no ramifications financially? The

Asked on Jun 21st, 2013 on Bankruptcy - California
More details to this question:
My mother lives in a home that is deeded to her and her husband. He is the only one on the mortgage. he died. Can she walk away from the home with no ramifications financially? The only thing he has is a 401k that she will rollover to an IRA in her name and a life insurance policy of which she is the beneficiary. They have very little cash in the bank.
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3 ANSWERS

Family Law Attorney serving Durham, NC at Morelos Law Firm
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Did he die with or without a will? The will would determine who the executor is to handle the estate, which includes dealing with any debts of the deceased. If no will, then she or someone still needs to go to the court house to open a file and the Clerk will appoint an Administrator (basically the same thing as an Executor just a different name since no will), and it might very well be her since she is the spouse. But in either scenario, if she did not sign the promissory note on the mortgage, then she is not personally liable for it and the Lender cannot legally go after her, though they may try (either because they thought she was on it, don't know the laws, or are intentionally trying to ignore the laws and she would want to get an attorney to help respond if the Lender came after her). That being said, if she were interested in keeping the house, then the mortgage would need to be kept up because the Lender would not expect her to live there for free so they would then likely want her to assume the loan or refinance one in her own name. Is she not going to try to sell it? In which case, the mortgage would just be paid off through the proceeds and then she could keep the remaining money, if any. She should consult with an attorney to discuss her property rights as well as going is going on with handling the estate.
Answered on Jun 23rd, 2013 at 9:16 PM

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Debt Collection Attorney serving Chicago, IL
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No. Assuming that what you meant is that the late husband is the only one on the note, she is not liable to pay it. However, obligations such as property taxes, association dues, and liabilities associated with property ownership continue as long as her name is on the property. She needs to work out a deal whereby the mortgage company actually takes title to the property and the deed is recorded.
Answered on Jun 22nd, 2013 at 2:33 AM

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It is better to short sell the property.
Answered on Jun 21st, 2013 at 10:44 PM

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