QUESTION
My father passed away and I was wondering about the mortgage on his house while the house is in probate.
Asked on Oct 29th, 2013 on Wills and Probate - South Carolina
More details to this question:
My father passed away and didn't have a will so I have decided to take on the responsibility of the mortgage payment for the property. The mortgage is due on the property and I am wondering if I should make the mortgage payment while the house is in probate. The remaining balance on the property is around 28k but the property may be appraised at a lower amount due to needed renovations caused by improper upkeep. I would hate to continue to pay on a property that could possibly lost. What can I do to avoid losing money for a property that may or may not be able to be saved.
1 ANSWER
2 Awards
You need to continue paying the mortgage and you can reimburse yourself out of the estate. If you don't make the payments it is subject to foreclosure. Moreover, the estate needs to go through the probate court even without a will. You need to be appointed PR so that you can probate your father's estate. You can do this by petitioning the probate court in the county where the property is located. By law, creditiors will have 8 months to make a claim and there may not even be any. The house and all of his property will pass to his heirs.
Answered on Nov 05th, 2013 at 6:48 PM
This response is general in nature and should not be considered legal advice.