Collegeville, PA asked in Estate Planning for Pennsylvania

Q: I owe $130,000 on my mortgage. If I die, can my sons (named in my will as inheriting my estate) pay off the mortgage an

I have over $250,000 in my 401K they will inherit as well as insurance of approximately $100,000

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1 Lawyer Answer

Michael J Girardi

Answered
  • Estate Planning Lawyer
  • Lower Burrell, PA
  • Licensed in Pennsylvania

A: Your question was cut off, so I will only state a few generalities regarding real estate and mortgages. In your Will, you can leave the property to your sons. If your estate is large enough, funds from your estate can be used to pay off the mortgage before it transfers to your sons, and in your Will you can direct the executor to do so. Alternatively, you can also leave the property to your sons with the mortgage still attached, and they will be responsible for paying it off.

If your sons are the named beneficiaries of your 401k and your life insurance, the $350,000 will pass outside of probate and go directly to your sons. If that is the case, your estate will not have direct access to those proceeds and will not be able to pay off the mortgage before it transfers to your sons. If your 401k and the life insurance do not name your sons as beneficiaries (or your estate is named as the beneficiary), then the executor can use those proceeds to pay off your mortgage before it passes to your sons.

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