Q: My mother lives in Ohio. Her sister who resided in Allegheny County passed away. When she passed she had no will and
And had a past due mortgage. Also was unmarried and no children. Is my mother as her sibling or any sibling responsible for the note?
A: No, her estate is responsible for any debts. A creditor can file a claim against her estate within 6 months after her date of death. The mortgage against the house would remain, and the lender could file a foreclosure, and have the house sold. If it wasn't enough to pay the lender, the lender could only collect from her estate. If any money were left over, it would go to her estate. Use the Find a Lawyer tab to consult a local attorney.
1 user found this answer helpful
A: Your mother and the heirs and beneficiaries are able to take the property subject to the mortgage. If they do not want to be responsible for the mortgage all they have to do is disclaim any interest in the real property.
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