Camarillo, CA asked in Estate Planning and Probate for California

Q: Dad passed oct 2019, mom passed dec 2019. There is no will & there is a mortgage. Do I continue to pay house?

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2 Lawyer Answers
James Edward Berge
James Edward Berge
Answered
  • Estate Planning Lawyer
  • San Jose, CA
  • Licensed in California

A: Yes. If you fail to pay the mortgage, you will lose the home to foreclosure. Death of a borrower does not trigger a due on sale clause. If you make the mortgage payments, keep track of them all and claim reimbursement from the estate when you can. Without a Will, the children will inherit the estate and will each have the chance to become executor for the estate in a probate proceeding.

Nina Whitehurst agrees with this answer

John B. Palley
John B. Palley
Answered
  • Estate Planning Lawyer
  • Roseville, CA
  • Licensed in California

A: Assuming there is equity in the house I would pay the mortgage so you don’t lose it to the bank. If it’s not in a trust you should get probate started right away.

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