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
Nina Whitehurst
  • 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
Joseph E. Cheeley, III PRO label
  • 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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