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  1. #1
    Join Date
    Oct 2009
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    1

    Default Who Pays the Mortgage for an Estate That is Not Yet Settled

    My question involves estate proceedings in the state of: California.

    Father owns half of house (2 apartments). Son and wife each own a quarter and live together in one apartment. Father leaves his half of house to son. There is a mortgage on the house. The executor chooses not to rent out the apartment that the father was living in. Are the son and his wife responsible for the mortgage payments on the father's half of the house until the estate is settled? They cannot rent out the apt yet so it doesn't seem right that they would be responsible for paying the mortgage. Shouldn't the estate pay the mortgage?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Who Pays the Mortgage for an Estate That is Not Yet Settled

    The mortgage is in whose name(s)? If son and wife are borrowers, they're responsible for payments. Further, even if the estate should be contributing a share and is not, if son and wife are borrowers they could trigger late fees, penalties and even foreclosure if they don't cover that share; and even if they're not, they could end up on the wrong end of a foreclosure.

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