Q: My father is the mortgagor for my brother.
My brother purchased our childhood home from my father. My father agreed to hold the mortgage which is legally recorded. Does he have to get a new mortgage to pay back the estate in order to settle (there are 4 of us) or can he take his portion of the inheritance and put it towards the balance and refinance the remainder? We are trying to not make him go get a mortgage prior to the close of the estate because he will be getting his portion of the inheritance and he could put some of that money towards his mortgage to lower his payment.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (931) 250-8585
- View Profile
- Answered
A: You can do anything you want if all of the heirs agree.
A: This question is best to be answered by a probate attorney in Pennsylvania if you don't have an attorney assisting with probating the estate already. While it's likely accurate that the heirs can all agree to use his inheritance towards a new mortgage and possibly distribute his share to him early, I would suggest consulting with an attorney specializing in Pennsylvania probate to be sure. Some of us also provide free consultations so you can discuss and select the best attorney for you. Good luck!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
