Lawrenceville, GA asked in Estate Planning and Probate for Georgia

Q: Do I have to pay the mortgage on an inherited house if I put it in a trust?

I am the sole person, listed as beneficiary & awarded in probate court.

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2 Lawyer Answers
Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: You don’t HAVE to pay the mortgage, but if you don’t the lender will foreclose and you will lose the house. Putting it in a trust will not change this reality. If it did everyone would do it.

Tim Akpinar and Joseph E. Cheeley, III agree with this answer

Joseph E. Cheeley, III
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Answered
  • Estate Planning Lawyer
  • Buford, GA
  • Licensed in Georgia

A: I agree with my colleague, but there may be different issues involved based on the terms, or lack thereof, of the will under Georgia law.

Tim Akpinar agrees with this answer

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