Mahwah, NJ asked in Elder Law and Probate for New Jersey

Q: Mom and I are on the mortgage & the deed to a house. I am the co-signer. She left me the house in her will.

If she has credit card debt, will they make me pay them or make me sell the house to pay them if she has no money to pay them off?

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1 Lawyer Answer
Morris Leo Greb
Morris Leo Greb
  • Estate Planning Lawyer
  • Rockaway, NJ
  • Licensed in New Jersey

A: If you did not sign the credit application for the issuance of the card you are not responsible for the debt. The credit company can sue the Estate. Whether or not, they will have a lien against the property will depend whether you were tenants in common or joint tenants with rights of survivorship. A judgment lien is valid for 20 years. Upon appropriate application, the judgment can be renewed for an additional 20 years. In any event, if the judgment were to be a lien against the property, it would be junior to the mortgage.

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