Cary, NC asked in Real Estate Law for North Carolina

Q: Would my husband have to refinance his parents home in order to sell if he’s the executor?

His parents passed away and he is the executor of the estate. The house is still in his parent’s name. He and his brother decided to sell and have a cash offer they want to accept.

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1 Lawyer Answer
Peter J. Weinman
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A: There should be no need to refinance before selling. Assuming your husband has qualified as Executor and has been issued Letters, he should be able to pay off the current mortgage at the closing with the proceeds. His attorney will presumably contact that lender and request a payoff letter. If he doesn't have an estate or real estate attorney representing him, he should reconsider. Start your search here:

Tim Akpinar agrees with this answer

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