Dublin, GA asked in Real Estate Law, Banking and Probate for Georgia

Q: What legal obligation would a widow have when mortgage was aquirred before marriage?

Legal way to transfer land ownership after husband dies without a will in GA.

Mortgage before marriage. Land aquirred during the marriage.

2 Lawyer Answers
James Clifton
PREMIUM
Answered

A: If the husband died without a will, the wife would need to file for administration of the deceased husband's estate. If there are children from the marriage or if the husband had children from a previous marriage, the wife would share in the inheritance of the land with the children. Any mortgages that cover property must be paid or the property will face foreclosure. Schedule a free consultation to work out all of the details, as there are some outstanding issues that need to be addressed.

Jennifer Pierce and Peter J. Weinman agree with this answer

A: Regarding your legal obligation on the mortgage: if you were not a party to the loan, or did not otherwise assume the loan, then you are not personally responsible for repayment. However, as noted by Mr. Clifton, the mortgage still needs to be paid or the bank will foreclose.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.