Atlanta, GA asked in Probate for Ohio

Q: My divorced brother died in July. His ex-wife’s name is still on the mortgage. Is she responsible for pay?

The mortgage loan is upside down/exceeds the value of the house by about $32,000 so no one (his adult children or siblings) wishes to purchase the house for the amount owed on the loan. We just found will and I (Sister) am named executor. Does ex-wife have any say so about his estate selling house? Does she have any ownership in the property? They divorced after 5 years (around 2011) and he married and divorced another woman. The ex-wife from the 2006 marriage name remained on the mortgage loan because he wasn’t able to refinance loan in his name. He continued to make payment, however, until his death. He also owes for car, credit cards & other bills. There will probably be nothing left to distribute in the estate. I live in Atlanta, GA. However, I would like to close out his estate with limited to no money. What should I do?

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1 Lawyer Answer
Joseph Jaap
Joseph Jaap
Answered
  • Probate Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: She could be responsible. It depends on the terms of the divorce. If the terms of the divorce required him to be responsible for the repayment or refinance, then his estate is liable to pay it. Otherwise both she and his estate are liable to pay it. HIs executor should use the Find a Lawyer tab to retain a local probate attorney.

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